6.24.040 Barking dogs, enforcement procedure and nuisance.
A. Definitions.
1. “Barking dog” means any dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated 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.
a. A dog shall not be deemed a “barking dog” for purposes of these provisions 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, or when the dog is reacting to a property owner’s invitee or by a person attempting to conduct lawful business at the property.
b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to City or county codes.
2. “Extended period of time” shall consist of incessant barks, bays, cries, howls, or other noise for 60 minutes or more uninterrupted in any 24-hour period.
3. “Uninterrupted” shall mean barking may not stop for five minutes or more during the 60 minutes.
4. A “responsible person” is defined as any one of the following:
a. 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.
b. 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.
c. 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.
d. A person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog.
5. “Chula Vista Animal Care Facility” (“CVACF”) is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Manager and are therefore authorized to utilize the procedures for code compliance and enforcement contained in Chapters 1.20 and 1.41 CVMC.
B. Initial Barking Dog Complaints. The initial complaints about a barking dog are to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections (C) and (D) of this section.
1. A Chula Vista resident lodges a barking dog complaint form with the Chula Vista Animal Care Facility (“CVACF”). The complaint must state: (a) the home address, email address and contact information for the complaining party; (b) the address location of the barking dog; and (c) specifics of when and for how long the barking dog barks, bays, cries, or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA 91911.
2. In response to the above complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the complaint. The responsible owner will be given 10 days to resolve the situation.
3. The complainant can lodge a second complaint, with the same information required by subsection (B)(1) of this section, 15 days from the initial complaint should the dog continue to bark.
4. In response to the second complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection (C) or (D) of this section.
5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal.
Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported problem.
C. Barking Dog Infraction Citation. A Chula Vista Animal Control Officer has the authority to issue a citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the “complainants”) who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within 100 feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection (B) of this section. Complainants’ complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing.
D. Barking Dog Administrative Citation. A Chula Vista Animal Care Officer has the authority to issue an administrative citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the “complainants”) who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within 100 feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection (B) of this section. Complainants’ complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative appeal hearing if the responsible party lodges a timely administrative appeal.
E. Option of Mediation. Citations under subsection (C) or (D) of this section will not be issued, or will be held in abeyance, in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option. The City will attempt to provide mediation at no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in equal, pro rata shares between themselves.
F. Barking Dog Nuisance (Private). Any barking dog that satisfies the definition in subsection (A) of this section is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings, in support of his or her nuisance lawsuit. City officers and records may be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof.
G. These provisions are the sum total of CVACF’s involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barking alone. (Ord. 3258 § 1, 2013; Ord. 3226 § 1, 2012).