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300.17 notice to appear city of anaheim
1. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 1
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
I. PURPOSE
To establish a uniform procedure for the control, issuance, voiding, correction and transmittal
of the City of Anaheim Notice to Appear (citation).
II. POLICY
It shall be the duty of all personnel of OC Animal Care charged with the responsibility of
enforcement to uphold all applicable Federal, State and local laws pertaining to animal related
issues.
Animal Control Officers (ACO) have the ability, and at times an obligation, to issue a Notice to
Appear (Citation) to a citizen for the violation of an ordinance or law. A citation is a method
by which an Officer may require a citizen to appear in court to answer the charge that a law has
been violated.
III. SCOPE
Applicable to all Animal Control Officers (ACO)
IV. FORMS
Anaheim Notice to Appear (citation) – Attachment A
Anaheim Investigation Report – Attachment B
Declaration in Support of Arrest Warrant – Attachment C
Correction Notice – Attachment D
Anaheim Void Memorandum – Attachment E
Anaheim Citizen Voided Citation Notice – Attachment F
V. REFERENCES
Anaheim Municipal Code (AMC) 8.08.010.040
Anaheim Municipal Code 8.08.090.030
California Government Code Section 53074
VI. DEFINITIONS
Not applicable
2. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 2
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
VII. PROCEDURE
A. Control
Anaheim citations will be issued in sequentially numbered packets of five (5) by the Watch
Commander or a Lieutenant. The citations and the sign-out log will be stored in the locked
Field Operations Supply Room. The ACO will sign the log and be responsible for the
issued packet.
B. Anaheim Notice to Appear (Citation)
Anaheim Municipal Code (AMC) 8.08.010.040, Enforcement, authorizes and empowers
County of Orange ACOs to arrest (by issuing a citation), prepare, issue and deliver to any
such arrested person, a written notice to appear in court for any violation(s) of applicable
Anaheim Municipal Codes.
1. Restrictions:
a. Citations may only be issued when a violation has been witnessed by an ACO.
b. California Government Code Section 53074, “Dogs: Seizure and Impoundment on
Private Property” indicates specific restrictions when enforcing “Leash Law”
violations.
c. Citations will not be issued to juveniles (individuals under 18 years).
2. Form Initiation:
a. Use block printing in black ballpoint pen.
b. To prevent transfer of the NCR paper to underlying citations, place the hard cover
under the citation being written.
c. The ACO shall request the violator’s valid identification. Acceptable forms of such
are a current California Driver License or Identification Card. If the violator cannot
produce a valid ID, the ACO shall request Anaheim Police to respond for assistance
in identifying the violator.
C. Form Completion:
1. Complete all applicable boxes on the Notice to Appear. If a particular field is not
lettered, it is to be left blank when completing the citation.
3. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 3
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
a. Write “Animal Control” at the top of the citation.
b. For all violations check the “Non-traffic” box. If citing for AMC 8.08.090.030
(Restraint of Vicious Animals), check the box labeled “Misdemeanor” in addition to
the “Non-traffic” box.
c. Enter the date the citation is issued using all numerals, e.g. 6/26/14.
d. Enter the time the citation is issued. Use conventional time and indicate AM or PM.
e. Circle the initial for the day of the week the citation is being issued.
f. Enter the first, middle and last name of violator.
g. Enter the violator’s home street address. Do not use a P.O. Box. If there is no
current home address, use a last known address. Enter the City, State and Zip Code
of the above address.
i. Enter the violator’s driver license number and the state in which it was
issued.
j. Enter the class of driver license. Do not mark the “Commercial” box.
k. Enter the violator’s current age.
l. Enter the violator’s date of birth using all numerals, e.g. 1/25/74.
m. Indicate the gender of the violator.
n. Enter the violator’s hair color.
o. Enter the violator’s eye color.
p. Enter the violator’s height by entering one digit to indicate height in feet and two
digits to indicate height in inches, e.g. 6-02.
q. Enter the violator’s weight in pounds. Noting “Pounds” or “Lbs” is unnecessary,
e.g. 150.
r. In the “Veh Lic No” box, enter “Not in possession” or “N/A”. Skip all other boxes
until you come to section S.
s. Enter the appropriate number of counts, even if only one dog is in violation, the code
section(s) and the complete descriptive title(s). For example: (Count 1) AMC
8.08.020.010 Dog License Required, (Count2) AMC8.08.080.010 Animal Restraint.
Mark the boxes labeled “No” to the left of the section to indicate these are not
correctable offenses. Circle the “M” for misdemeanor violations or the “I” for
infractions to the right of the section.
t. On the last two lines of this section, enter the physical description of the animal.
Include sex, breed, color, age and approximate weight. Skip all other boxes until
you come to section U.
u. Enter the location where the offense was observed, e.g., “1400 block W. La Palma”,
“Intersection of Sunkist/Ball”, “Residence”, “123 Main Street”. Check the box to
indicate Anaheim.
4. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 4
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
v. The “Violations Not Committed in My Presence” box should be left
blank as Anaheim does not accept citations where the citing Officer did not witness
the violation. Skip down to section W.
w. Enter the signature of the issuing ACO.
x. Enter the badge number of the issuing ACO.
y. Instruct the violator to sign his or her legal signature.
z. Enter the appearance date as assigned at briefing (The court date will typically be 60
days from the date the notice was issued). Court dates are to be numerically
abbreviated, e.g. 09/18/01.
aa. Check the box for North Justice Center.
D. Instructions (verbal requirements to the violator):
1. Before the violator signs the citation, advise the violator that he or she is not admitting
guilt, only promising to appear in court on or before the court date.
2. Once the citation is signed, the violator is to be told that if he or she fails to appear in
court on or before the date indicated on the citation, a bench warrant for arrest may be
issued.
3. If the violator refuses to produce valid identification or refuses to sign the citation and
as a result of their failure to comply the situation calls for the violator to be arrested and
taken into custody, the ACO will adhere to the following procedures:
a. Notify the Watch Commander of the situation.
b. Request an Anaheim Police Officer respond to the location of the potential arrest.
c. Upon the police officer’s arrival, explain the situation to him/her. After review, the
police officer will determine if an arrest is necessary.
d. ACOs will not make “in custody” arrests without the presence of an officer from the
Anaheim Police Department. Avoid physical confrontations. Avoid any physical
contact with individuals, except in self-defense situations.
E. Forms Distribution:
1. The pink copy goes to the violator. The white and yellow copies are submitted to
supervision for review by attaching the citation to the ACO’s patrol log. Attach a copy
of the Chameleon Activity, including the memo relating to the call. The memo
information should clearly articulate the ACO’s actions on the call and the observed
violation.
2. Supervision will review the citation for accuracy and completeness. If no errors are
found, the citation is to be initialed by the supervisor in the lower right corner of the tear
5. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 5
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
off tab attached to the citation and be forwarded to the Operations Desk Sergeant to be
logged and processed.
3. Citations needing corrections will be returned to the ACO and must be completed prior
to going in service the following shift.
F. Investigation Report (as completed by the Operation’s Desk Sergeant):
1. Date: Date of the violation.
2. Notice To Appear: Citation number.
3. Violator’s Name: Name, date of birth, sex by indicating F/A for female/adult and M/A
for male/adult and driver license or identification card number of the violator.
4. Home Address: The violator’s home address.
5. Violation Address: The address where the violation occurred.
6. Code Section: The appropriate code section(s) and the complete descriptive title(s).
7. Remarks: A complete and detailed summary of the events that occurred which resulted
in the issuance of the citation.
8. Name of Citing Officer: The issuing ACO’s first initial, last name and badge number
along with his or her title followed by the Departments’ name.
G. Distribution:
1. Once completed by the Operations Desk Sergeant, the Investigation Report, along with
a Declaration in Support of Arrest Warrant, will be returned to the issuing ACO for
review for accuracy and signature.
2. The completed Investigation Report is to be immediately reviewed and signed by the
issuing ACO, then placed in the Operations Desk Sergeant’s in-box. If corrections are
needed, the ACO is to write in their comments for the Operations Desk Sergeant to
address. Once the corrections are made, the ACO will review once again and sign.
3. The Operations Desk Sergeant will forward two (2) copies of the citation, the
Investigation Report, the Declaration in Support of Arrest Warrant and all supporting
documents along with the original court copies to the Anaheim Code Enforcement
manager for review and distribution. A third copy of the above documents will be
stored in Operations.
H. CORRECTING CITATIONS:
1. Instructions:
6. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 6
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
a. If a citation requires correction by an ACO, no changes are to be made to the
original.
b. Corrections will be made by using the Correction Notice to be signed by the
requesting ACO with first initial, last name and badge number. The Correction
Notice is the same for both County and Anaheim citations.
2. Form Distribution:
a. The original Correction Notice will be mailed to the violator by the Operations Desk
Sergeant.
b. Three copies will accompany the citation to the Anaheim Code Enforcement
Manager.
I. VOIDING CITATION:
1. Instructions and Distribution:
a. If a citation needs to be voided, all copies including the violator’s (pink) copy are
required for processing. The Anaheim Void Memorandum is to be completed by the
issuing ACO.
b. Address the memorandum to Anaheim Code Enforcement. The memorandum will
be from the issuing ACO. On this line the ACO will include their first initial, last
name and badge number followed by the department name. Include the citation
number under “Subject”. At the bottom of the form, the issuing ACO is to add their
first initial, last name and badge number and sign.
c. Prior to submitting the memorandum to the Operations Desk Sergeant, the ACO
must obtain approval from supervision to void the citation. Once approved, the
supervisor will sign their name on the “Approved By” line.
J. ANAHEIM CITIZEN VOIDED CITATION NOTICE:
1. Instructions and Distribution:
a. If a citizen’s citation has been cleared to be voided, the ACO will complete the OC
Community Resources Anaheim Citizen Void Letter. The ACO will properly
address the letter, add all required information and sign. The completed form will
be returned to the Operations Desk Sergeant to be processed.
7. Number: 300.17
SUBJECT: NOTICE TO APPEAR: CITY OF ANAHEIM Page: 7
Date: 03/8/99
Approved: Ryan Drabek, Director Revised: 08/19/14
K. DECLARATION IN SUPPORT OF ARREST WARRANT PER C.C.P. 2015.5
The Declaration in Support of Arrest Warrant is required by law in order for the Court to
issue a bench warrant should the violator fail to appear in Court as promised.
1. Instructions and Distribution
a. The Operations Desk Sergeant will complete this form and return it to the issuing
ACO with the Investigation Report for review and signature. The form will be
returned to the Operations Desk Sergeant to be processed.