Sec. 10.01.209. Nuisance.
No responsible person shall allow, upon any premises owned, occupied, or controlled by such a person, any animal to cause a nuisance by barking, howling, crying or making other sounds that unreasonably disturb other persons in the comfortable enjoyment of their life or property.
A dog shall not be deemed a nuisance if, at any time the dog is making noise, a person is trespassing or threatening to trespass upon the private property where the dog is situated, or when the dog is being teased or provoked.
(Ord. No. 88-12, § 3(4-1-48), 6-27-88; Ord. No. 05-234, § 20, 9-6-05; Ord. No. 08-270, § 2, 7-7-08)
Sec. 10.01.210. Nuisance complaint administrative procedures.
Upon receiving a complaint alleging a nuisance as defined in section 10.01.209, the animal services staff shall adhere to the following procedures:
(a) Upon receipt by the animal services department of a first complaint, animal services staff will send a letter informing the responsible person about the complaint.
(b) For purposes of this article [chapter} a "responsible person" is any of the following:
i. A person who allows a violation of section 10.01.209 to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal.
ii. A person whose agent, employee, or independent contractor allows a violation to exist, whether through willful action, failure to act, or failure to exercise proper control over an animal.
iii. A person who is the owner of, or a lessee or sublessee with the current right of possession of, real property in or upon which a violation occurs.
iv. A person includes a natural person or legal entity, including the owners, majority stockholders, corporate officers, trustees, or general partners of a legal entity.
v. There may be more than one responsible person for a violation.
(c) Upon receipt by the animal services department of a second complaint regarding an animal for which a first notice has been sent, provided at least ten days but no more than 30 days have elapsed from the date of the first letter sent by animal services staff pursuant to subsection (a) above, an animal services officer will be dispatched to issue a notice to comply and to advise the responsible person about possible solutions to rectify the nuisance.
(d) Upon receipt by the animal services department of a third complaint between ten and 30 days after the date of a second complaint pursuant to subsection (b) above, animal services staff will ask the complainant to obtain, complete and return to the department a formal witness statement form within ten days of request.
(e) Upon receipt of a formal witness statement form, if the director or his or her designee finds the animal owner to be in violation of section 10.01.209, the department will issue an administrative citation pursuant to chapter 1.03 of this Code in an amount set forth in the administrative citation schedule established by city council resolution.
(f) Administrative citations may be contested pursuant to the provisions of chapter 1.03 of this Code.
(Ord. No. 05-234, § 21, 9-6-05; Ord. No. 08-270, § 3, 7-7-08)
In order to file a nuisance complaint you must have the address of where the offending animal resides.
To file a complaint, please call (949)470-3045.