Butte County Municipal Code Art. IA Barking Dogs

"Barking dog" means a dog that barks, bays, cries, howls or makes any noise 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. Such extended period of time shall consist of incessant barking for sixty (60) minutes or more in any twenty-four-hour period, or intermittent barking for sixty (60) minutes or more during any twenty-four-hour period. A dog shall not be deemed a "barking dog" for purpose of this article 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 teased or provoked by someone other than the owner.

(Ord. No. 2020, § 2, 2-28-12)

(a) This article is applicable only to the territory described in section 4-1.6 of this chapter.

(b) This article makes any violation of keeping, maintaining, or permitting a barking dog subject to civil fine.

(c) This article establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog violations pursuant to Government Code section 53069.4 and the County's plenary police power.

(d) The issuance of a civil citation under this article is solely at the County's discretion and is one option the County has to address barking dog violations. By adopting this article, the County does not intend to limit its discretion to utilize any other remedy, civil or criminal, including public nuisance remedies.

(e) The purpose of issuing civil citations pursuant to this article is to encourage voluntary and complete compliance with the provisions of this article and to eliminate nuisances for the protection and benefit of the entire community.

(f) This article does not apply to dogs that are assisting the owner or responsible person in charge of livestock or ranch operations in the herding or guarding of such livestock or ranch operations.

(Ord. No. 2020, § 2, 2-28-12)

(a) A barking dog civil complaint is initiated by at least two (2) complainants from separate households filing a first complaint by mail on forms provided by the public health department.

(1) Upon filing of an initial complaint by at least two (2) complainants from separate households, an animal control officer will make a personal visit with the dog owner or responsible person to offer information about a dog violation and civil fine and to provide education materials and information on dog training courses and trainers.

(2) From the day of the visit, the dog owner or responsible person is allowed ten (10) days to remedy the barking violation.

(b) If after ten (10) days from the day of the visit the barking violation continues, the original complainants must file a second complaint by mail on forms provided by the department.

(1) Upon second complaint, the original complainants must sign a sworn affidavit, under penalty of perjury, that the dog barking is violating the county ordinance.

(2) An animal control officer will then make a second visit with the dog owner or responsible person and may issue a civil citation for the barking dog violation.

(Ord. No. 2020, § 2, 2-28-12)

(a) Any animal control officer has the authority to issue a civil citation to any responsible person for a barking dog violation that the animal control officer did not see or hear occur but is based on a complaint, signed under penalty of perjury by the persons who have been disturbed by the barking dog.

(1) A responsible person to whom a civil citation is issued shall be liable for and shall pay to the County the fine or fines described in the barking dog citation when due.

(2) Where the responsible person is a minor under the age of eighteen (18) years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties.

(3) In any case, the responsible person (by his/her parents when the responsible person is under the age of eighteen (18)) shall have the right to appeal the issuance of the citation by requesting an administrative hearing pursuant to the provisions of sections 4-14.9 and 4-14.10 of this article.

(b) Each day a barking dog violation exists, for which there are at least two (2) signed complaints, beyond the initial ten (10) calendar day period allowed for correction, shall be a separate violation and be subject to a separate citation and fine. A barking dog civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more code sections.

(Ord. No. 2020, § 2, 2-28-12)

Each barking dog citation shall contain the following information:

(a) Dates on which the complaints established the barking dog violation(s).

(b) Name of the responsible person for the barking dog violation(s) (if known).

(c) Address where the barking dog violation(s) occurred.

(d) The code section(s) violated.

(e) Whether the violation(s) were established by complainants.

(f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty.

(g) Designation of prior civil citations issued for the same code violation(s), if known by the animal control officer.

(h) Notification of the procedure for requesting an administrative hearing where the civil fine may be contested, including the date by which such request must be made.

(i) A notice that a barking dog violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines and penalties.

(j) Signature of the animal control officer who issued the barking dog citation and/or civil fine.

(k) Date upon which the barking dog citation and/or civil fine was issued.

(l) Proof of service to be completed by the animal control officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog violation occurred.

(m) A self-addressed envelope in which the violator can mail the civil fine to the department if the citation is not contested.

(n) Any other information deemed necessary by the department for enforcement or collection purposes.

(Ord. No. 2020, § 2, 2-28-12)

A barking dog citation may be served as follows:

(a) An animal control officer may personally serve the barking dog citation on the responsible person. The responsible person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the responsible person's right to an administrative hearing. Signing the citation shall not constitute an admission of guilt. A refusal to sign does not invalidate service of the citation.

(b) An animal control officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier's name is known but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog violation occurred.

(c) An animal control officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog violation occurred if the property owner and/or occupier's name is unknown. In this event, the citation shall also be mailed by certified mail, return receipt requested to the owner of the property where the barking dog violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within twenty-four (24) hours of posting the citation addressed to "Resident" at the address where the barking dog violation occurred.

(Ord. No. 2020, § 2, 2-28-12)

Fines for violating the provisions of this article shall be progressively increased based on the number of violations occurring within the same twelve-month period as follows:

Barking Dog Civil Fines

(Ord. No. 2020, § 2, 2-28-12)

(a) After receiving a barking dog violation citation, a violator may respond by either of the following methods:

(1) The violator may choose to correct the barking dog violation and pay the barking dog citation fine without contesting the fine in an administrative hearing. In that event, payment of the citation fine must be received by the department prior to the date contained in the citation by which the responsible party must request an administrative hearing to contest the fine.

(i) Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope to the public health department by U.S. first class mail, postage prepaid.

(ii) The public health director may authorize payment to be made in accordance with any other method, at any location within the county, or to any address.

(2) A violator may choose to request an administrative hearing by the date contained in the citation. In that event, the fine is due and payable to the hearing officer at the conclusion of the hearing if the hearing officer upholds the barking dog citation.

(i) The public health director or hearing officer may allow the violator an additional period of time in which to pay the fine if the public health director or hearing officer finds that such additional time for payment is necessary.

(b) Fines for barking dog violations must be received by the department within fifteen (15) days of the date they are due as specified in subparagraph (a)(1) or (a)(2) above.

(c) The issuance of a barking dog citation and/or payment of a fine shall not bar the county from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog citations and/or criminal complaints.

(Ord. No. 2020, § 2, 2-28-12)

(a) Any person who receives a barking dog citation may contest it by submitting a request in writing for an administrative hearing. Such request must be made by the date and time contained in the barking dog citation. The hearing shall be held by a hearing officer selected pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program," on file in the office of the Chief Administrative Officer of the County.

(b) Upon receipt of request for an administrative hearing to contest the fine, the public health department shall schedule the hearing and notify the requestor in writing of the administrative hearing date, time and location.

(c) A violator may contest the barking dog citation by denying that a violation occurred, by denying that it was not corrected within the original ten (10) calendar day correction period, if applicable, by denying that the violator is a responsible person for the violation, or by proving the barking was provoked by the actions of others.

(d) A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog citation. If the violator fails to appear at the administrative hearing, any unpaid citation fine becomes immediately due and payable.

(Ord. No. 2020, § 2, 2-28-12)

(a) Hearings shall be conducted by a hearing officer either:

(1) On the date, time and place specified in the notification to the requestor of the scheduled hearing which shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) calendar days from the date contained in the barking dog citation per section 4-14.9 above; or

(2) On the date assigned when a continuance pursuant to subsection (g) below has been granted.

(b) The violator and complainant shall be notified of the assigned hearing date, time and location by the public health director or authorized designee by certified mail, return receipt requested.

(c) The public health director or authorized designee shall provide all pertinent documents and records in the possession of the department related to the barking dog citation to the hearing officer.

(d) The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation.

(e) The citation itself and accompanying complainant's affidavit signed under penalty of perjury attesting to the barking dog violation provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the violation and the facts stated in such documents.

(f) An animal control officer is required to attend the hearing.

(g) The public health director or authorized designee may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the county. A hearing officer may also continue a hearing upon his or her own motion. All continuance requests shall either:

(1) Be made in person at the hearing; or

(2) Be made by a written request received by the department or hearing officer via e-mail, facsimile or letter at least seven (7) calendar days prior to the hearing date.

(h) If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) calendar days of the date on which the continued hearing was first scheduled to take place.

(1) If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled.

(2) If the violator is not present on an assigned hearing date and no continuance of the hearing has been granted, this shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. The violator's or complainant's failure to appear shall be noted on the notice of decision completed by the hearing officer and mailed to the violator and complainant.

(i) The hearing shall be concluded no more than fourteen (14) calendar days following the assigned hearing date or a new hearing date based on a requested continuance pursuant to section (2)(h) above.

(j) The hearing shall be conducted informally and the legal rules of evidence need not be followed.

(k) The hearing officer does not have the authority to issue a subpoena or subpoena duces tecum.

(Ord. No. 2020, § 2, 2-28-12)

(a) After considering all the evidence and testimony submitted at an administrative hearing, the hearing officer shall issue a written decision to the violator and complainants to uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a violation occurred for which the violator was a responsible person. The decision of the hearing officer shall list the reasons for that decision.

(1) The hearing officer may consider alternatives that would result in elimination of the barking dog problem in lieu of payment of the civil fine. These alternatives may include, but are not limited to, use of a bark collar, and behavior modification training for the barking dog and owner or responsible person.

(2) The decision of the hearing officer shall list any alternative resolutions ordered in lieu of payment of the civil fine and establish a time certain for implementation of such alternative remedies.

(3) The hearing officer's decision is final.

(4) The hearing officer has authority to determine an alternative resolution in lieu of payment of the civil fine; however, the hearing officer has no authority to reduce the fine.

(b) If the hearing officer's decision is to uphold the barking dog citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the public health director or hearing officer.

(1) If the decision is to dismiss the barking dog citation, the civil fine shall no longer be due and payable. If the penalty was deposited with the public health department, then the department shall promptly refund the amount of the deposited penalty.

(Ord. No. 2020, § 2, 2-28-12)

(a) A responsible person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court in accordance with the provisions of California Government Code Section 53069.4. An appeal must be filed within twenty (20) calendar days after the responsible person receives a copy of the notice of decision at the conclusion of the administrative hearing.

(1) The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon the "Clerk of the Board of Supervisors, County of Butte, 25 County Center Drive, Oroville, California 95965."

(2) The responsible person must pay the appropriate Superior Court filing fee when the appeal is filed.

(b) No judicial appeal is permitted where a violator had failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog citation by an unexcused nonappearance at the hearing.

(Ord. No. 2020, § 2, 2-28-12)