Corona Municipal Code Ch. 6.11 Noisy Animals

Because a noisy animal is injurious to the public health, safety and general welfare, the City Council has determined that owning, keeping, harboring or having care or custody of any noisy animal in violation of this Chapter 6.11 is declared to be a public nuisance and shall be abated pursuant to all available remedies.

(`78 Code, § 6.11.010.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)

(A) When the Animal Control Bureau is notified of, or alerted to, a dog or other animal which may be a noisy animal, the Animal Control Bureau shall investigate.

(B) If an animal control officer determines that the dog or other animal may be a noisy animal, the animal control officer shall cause to be issued to the owner or keeper of the animal, as well as to any other responsible party if the animal control officer determines such notice to be appropriate under the circumstances, a written noisy animal warning notice. The notice shall specify that the animal may be a public nuisance in violation of Chapter 6.11 and that the nuisance must be abated to avoid further city action. The notice shall be provided either: (1) by personal delivery; (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail; or (3) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept). If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.

(C) After personal delivery or posting of the notice, the owner, keeper or other responsible party shall take whatever steps or use whatever means are necessary to abate the nuisance within five business days. In the event the notice was mailed to the owner, keeper or other responsible party in lieu of personal delivery or posting, the owner, keeper or other responsible party has a period of ten days in which to abate the nuisance. In the event the owner, keeper or other responsible party does not abate the nuisance within the time specified, they shall be susceptible to a second complaint being made pursuant to § 6.11.030 below.

(`78 Code, § 6.11.020.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2297 § 1, 1996; Ord. 2095 § 2 (part), 1992.)

(A) Only after the passage of the applicable compliance period provided for in § 6.11.020(C) above may another complaint be made to the Animal Control Bureau regarding the same potentially noisy animal.

(B) When the Animal Control Bureau receives a second complaint concerning the same potentially noisy animal after the passage of the applicable compliance period and within six months of issuance of a noisy animal warning notice pursuant to § 6.11.020, the Animal Control Bureau shall cause to be issued to the owner or keeper of the animal, as well as to any other responsible party if an animal control officer determines such notice to be appropriate under the circumstances, a written notice of violation. The notice shall be provided either: (1) by personal delivery; (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail; or (3) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept). If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.

(C) When a notice of violation is issued, complaint forms shall also be sent to any complaining party, accompanied by a letter with instructions to complete and return the forms within seven business days of receipt. The complaining party shall be informed that further action may not be warranted if the noisy animal is controlled, but that in any case no further action will be taken concerning the potentially noisy animal until the forms are completed by the complaining party and received by the Animal Control Bureau.

(`78 Code, § 6.11.030.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)

(A) Upon receipt of the completed complaint forms, the animal control supervisor, or his or her designee, may file a petition requesting a hearing before the Animal Control Board to determine whether the animal should be declared a noisy animal and thus a public nuisance. All complaints received from the public and from any complaining witnesses shall be attached to the petition.

(B) The Animal Control Board shall cause written notice of the hearing to be provided to any owner, keeper or other responsible party to whom the notice of violation was sent, along with a copy of the petition and any accompanying information filed with the Animal Control Board. The hearing notice shall include the date, time and location of the hearing, as well as a statement that the owner, keeper or other responsible party may present evidence at the hearing. The notice shall be provided either: (1) by personal delivery; (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail; or (3) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept). If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.

(C) The hearing shall be open to the public and shall be held not less than five business days or more than ten business days after service of the notice upon the owner or keeper of the animal; provided, however, that the Animal Control Board can extend the hearing date for good cause in its discretion. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination; provided, however, that the Animal Control Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Board may also admit all relevant evidence, including incident reports and affidavits of witnesses, if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded. The Animal Control Board may decide all issues even if any or every owner, keeper or other responsible party fails to appear at the hearing. The Animal Control Board may find, upon a preponderance of the evidence, that the animal is a noisy animal and make other orders authorized by this chapter.

(`78 Code, §§ 6.11.040, 6.11.050, 6.11.060.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)

After the hearing conducted pursuant to § 6.11.040, the Animal Control Board shall cause written notice of the determination and orders issued to be provided to any owner, keeper or other responsible party to whom the notice of hearing was sent. Notice shall be provided either: (1) by personal delivery; or (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. Notice shall be deemed delivered when personally delivered or when deposited in the U.S. mail. If the Animal Control Board determines that the animal is a noisy animal and thus a public nuisance, the owner, keeper and other responsible party shall comply with the Animal Control Board’s order within five business days after delivery of the determination and orders.

(`78 Code, § 6.11.070.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord, 2095 § 2 (part), 1992.)

If any party contests the determination, he or she may appeal the Animal Control Board’s decision pursuant to Chapter 1.09 of this code.

(`78 Code, § 6.11.080.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2883 § 8, 2007; Ord. 2297 § 2, 1996; Ord. 2095 § 2 (part), 1992.)

Any owner, keeper or other responsible party who neglects or refuses to comply with the Animal Control Board’s determination and orders and thus abate the nuisance condition within the time specified is guilty of an infraction.

(`78 Code, § 6.11.090.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)

Nothing herein shall prevent the City Attorney from commencing or causing to be commenced a civil or criminal proceeding to address a violation of this chapter under other applicable law, including to abate a public nuisance as provided for in § 1.08.020 of this code.

(`78 Code, § 6.11.100.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)