Number: 300.11

SUBJECT: NOTICE TO COMPLY FORM Page: 1 Date: 7/6/91

Approved: Ryan Drabek, Director Revised: 4/24/12

I. PURPOSE

To provide Animal Control Officers (ACO) with an alternative method for ensuring citizen compliance with State and/or County laws relating to the welfare, keeping or control of animals.

II. POLICY Field and Veterinary staff will issue a Notice to Comply (NTC) to citizens who may be violating State and/or County laws relating to animals. The form is a viable alternative to the Notice to Appear (citation) or other criminal action to effect changes in attitude or conditions of keeping, caring or control of animals.

III. SCOPE Applicable to all personnel assigned to Field Operations and the Clinic Veterinarian.

IV. FORMS

Notice to Comply (NTC) F272-12.2078.3

V. REFERENCES California Penal Code 597.1 Permitting Animals to Go Without Care California Code of Regulations 2606 (c) Animal Contacts

VI. DEFINITIONS

Not applicable.

VII. PROCEDURE A. A NTC is not to be issued to a person who is maintaining an animal with a major

physical condition that severely impacts its quality of life or places its life in danger. California Penal Code Section 597.1, Permitting Animals to Go Without Care, shall guide an ACO’s actions under these situations. ACOs are encouraged to issue a NTC in situations such as:

Number: 300.11

SUBJECT: NOTICE TO COMPLY FORM Page: 2 Date: 7/6/91

Approved: Ryan Drabek, Director Revised: 4/24/12

1. Owner’s failure to provide proper care for minor or non-emergency type injuries.

2. Rabies revaccination required for animals that have come in contact with suspected rabid wildlife (CCR 2606 (c) ANIMAL CONTACTS).

B. The Clinic Veterinarian shall make the determination of whether or not follow up

treatment is required at the time an animal is leaving their care. Should follow up treatment be required, a NTC will be issued to the owner/custodian by the Clinic Veterinarian, or his designee, following the guidelines above. In the event the Clinic Veterinarian issues a NTC, copies will be distributed as follows:

a. The blue copy of the NTC will be given to the animal owner or custodian. The

Clinic Veterinarian must also create a Chameleon Activity for an ACO to follow up on to ensure treatment was received. The Chameleon Activity is to be refiled for the appropriate follow-up date.

b. The yellow and pink copies are to be given to the Radio Dispatcher. c. The Radio Dispatcher will file the pink copy for the appropriate day of follow

up. d. The yellow copy will be forwarded to the Operations Department for filing.

C. The NTC is a pre-numbered, non-carbon-required document that consists of three color-

coded pages (yellow, blue and pink.) All information required is to be printed (exclusive of signature) using a black ink ballpoint pen.

All sections are to be completed as follows (refer to numbered sections on attached sample):

1. Enter the corresponding Chameleon Activity number on top of the NTC. 2. Enter the date the NTC is being issued. 3. Enter the time the NTC is being issued. 4. Enter the day of the week the NTC is being issued. 5. Enter the owner’s or custodian’s name. 6. Enter the owner’s or custodian’s street address. 7. Enter city in which the owner or custodian resides. 8. Enter the owner’s or custodian’s phone number. An alternate number may also

be added to this line. 9. Enter the owner’s or custodian’s driver’s license number. If no driver’s license number is available, a California ID or other official photo ID will be acceptable.

Number: 300.11

SUBJECT: NOTICE TO COMPLY FORM Page: 3 Date: 7/6/91

Approved: Ryan Drabek, Director Revised: 4/24/12

10. Enter state of issuance on the driver’s license or identification card. 11. Enter the owner’s or custodian’s age. 12. Enter the owner’s or custodian’s date of birth.

13. Circle M for male, F for female to indicate the sex of the owner or custodian. 14. Enter the owner’s or custodian’s hair color.

15. Enter the owner’s or custodian’s eye color. 16. Enter the owner’s or custodian’s height as follows (5-09 for 5 feet, 9 inches tall). 17. Enter the owner or custodian’s weight. 18. Enter any other description(s) that would assist in identifying the owner or custodian (e.g.: scars, marks, tattoos, etc.). 19. Enter the appropriate code violation (i.e. California Penal Code). 20. Enter the specific section(s) violations within the code (i.e. 597.1 Permitting Animals to Go Without Care: Veterinary Care for Injured Animals: Preseizure and Postseizure Hearings. 21. Enter the description, including name, of the animal(s) in need of attention. 22. Enter the location of violation(s) including the street address, city, state and zip code. 23. Enter the specific directive for care and/or treatment here. The directive provided to the owner or custodian must be detailed to ensure they understand what specifically they are to have their animal(s) examined and/or treated for. Animals with medical conditions are to be examined and treated by a licensed veterinarian. Some examples of instructions are listed below: a. Secure veterinary treatment for your dog due to its extreme skin condition. Provide proof of treatment (receipt).

b. Have the above-mentioned animal(s) re-vaccinated against rabies. Show current rabies certificate when completed.

c. Repair 20 feet of barbed wire fence to prevent the escape of your livestock. d. Have your horse shod or trimmed; all four hooves.

24. The issuing ACO is to print their first initial, last name and badge number here. 25. The issuing ACO is to sign their first initial and last name here. 26. Enter the deadline for compliance. Each action is to be effected within a specific period of time. Times are to be based on the individuality and severity of the condition. The following is a guideline:

a. Animal has major physical condition that does not threaten its life - 24 hours.

Number: 300.11

SUBJECT: NOTICE TO COMPLY FORM Page: 4 Date: 7/6/91

Approved: Ryan Drabek, Director Revised: 4/24/12

b. Rabies re-vaccination - 48 hours. c. Repair of livestock fences - 2 hours to 48 hours. d. Have farrier trim horse’s hoofs - 48 hours to one week.

27. The owner or custodian is to sign here agreeing they understand that failure to comply by the prescribed deadline may result in legal action.

D. The Notice to Comply will be distributed as follows:

1. Yellow – Field

a. Attached to the completed ACO’s Electronic Log. b. Forward both documents to supervision at the end of the assigned work

shift. c. Supervision will review the contents of both documents. d. Supervision will forward the yellow copy to the Operations Desk Sergeant to be placed in a “pending” file until the completion of the follow-up investigation.

2. Blue – Owner/Custodian

a. Given to the owner or custodian to take the necessary actions to correct the situation.

3. Pink – Field

a. The corresponding Chameleon Activity will be updated and re-filed for the day after the time limit date on the NTC. The owner or custodian is allowed to correct the situation on or before that date. The ACO issuing the NTC shall refile the pink copy and an attached copy of the Activity Card in the Future Call Box located in the dispatch office.

b. For rabies vaccination requirements, the pink NTC copy will be attached to the original Bite/Scratch Report and refiled for the day after the time limit. No follow-up Activity Card is initiated.

c. The PM Dispatcher will be responsible for transferring pink copies from the Future Call Box to the AM or PM call box the night before the time limit date on the NTC.

d. The ACO conducting the follow up investigation shall contact the violator to ensure compliance with the directives set forth in the NTC. In

Number: 300.11

SUBJECT: NOTICE TO COMPLY FORM Page: 5 Date: 7/6/91

Approved: Ryan Drabek, Director Revised: 4/24/12

some cases, the ACO may choose to contact a veterinarian directly and confirm treatment. Once the veterinarian is contacted and there are no further compliance issues, the owner is to be called and advised that the call is closed. The follow up ACO must have the pink copy. Upon completion of the follow up investigation, the officer will write the details of treatment/compliance on the reverse side of the pink copy and forward the pink copy and Activity Card copy to supervision for review. Supervision will then return the pink copy to the Operations Desk Sergeant to be matched up to the yellow copy and filed.

e. Should the follow up officer not be able to find the pink copy before going into the field, the Watch Commander will be notified and he or she will try to locate the pink copy or make a copy of the yellow in the Operations Department to take its place.

E. The ACO conducting the follow-up “rabies vaccination requirement” investigation shall

contact the owner or custodian to ensure compliance for the directives set forth in the NTC. 1. The ACO may ask the owner or custodian to submit a current Rabies Certificate by fax or contact the veterinarian who administered the vaccine directly to obtain the vaccination information. 2. Upon completion of the follow-up investigation, the officer will write any comments on the reverse side of the pink copy and remove the pink copy from the bite report. 3. The pink copy will be forwarded to supervision. Supervision will review the

contents of the pink copy and forward the pink copy to the Operations Desk Sergeant to be matched up to the yellow copy.