Diamond Bar Municipal Code Div. 6 Barking Dogs and Other Animal Noises

It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the city, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or interfere with the comfortable enjoyment of property of a person or persons residing in the vicinity of such premises. Violation of this section shall be a misdemeanor. Every day during which any person continues to keep or maintain any such animal, shall be a separate violation of this section.

(Ord. No. 02(2011), § 8, 2-1-11)

(1) Complaints regarding a barking dog or other noisy animal shall be submitted in writing to the director and shall include the name, address and telephone number of the complainant, the address where the animal is kept, and a description of the noise and times of day it is heard by the complaining party.

(2) Upon receiving a complaint involving a barking dog or other noisy animal, the director shall send a letter or notice to the owner of the dog or other noisy animal or the owner of the premises upon which the dog or other noisy animal is kept (hereinafter "owner"), advising the owner of the alleged noise and requesting immediate steps be taken to prevent any further disturbances.

(Ord. No. 02(2011), § 8, 2-1-11)

After receiving a complaint regarding a barking dog or other noisy animal and completion of the procedures specified in section 6.08.1270, the director shall investigate the allegation considering the evidence described in section 6.08.1290 to determine whether there has been a violation or continues to be a violation of section 6.08.1260.

(Ord. No. 02(2011), § 8, 2-1-11)

In making a determination that a dog or other animal is or is not a barking dog or other noisy animal and whether a violation of section 6.08.1270 has occurred, evidence of the following shall be considered.

(1) The nature and frequency of the barking or other noise;

(2) The time or times of day when the noise is heard by the complaining parties;

(3) The apparent reasons or provocations for the dog or other animal to emit the noise;

(4) The location or locations on the property where the dog or other animal is kept;

(5) The manner in which the dog or other animal is kept;

(6) The number of persons complaining about the barking or other noise;

(7) Any other relevant evidence concerning the alleged barking dog or other noisy animal problem.

(Ord. No. 02(2011), § 8, 2-1-11)

Upon completing the investigation of the complaint in section 6.08.1280, the director shall:

(1) Make a determination as to whether the dog or other animal is a barking dog or other noisy animal within the meaning of section 6.08.1260 and whether there has been a violation of section 6.08.1260;

(2) Issue an order which may include any or all of the following dispositions of the matter:

a. No action;

b. That the dog or other animal be trained or retrained to cease creating a violation;

c. That the dog or other animal be kept indoors during specified hours, or other similar measures be taken, to eliminate the violation;

d. That the dog or other animal be removed from the city permanently, or for a specified period of time after which time the animal may be returned as long as steps have been taken such that the violation will not recur; and

e. That the matter be referred to the appropriate agency for criminal or civil prosecution of the owner of the dog or other animal.

(3) Send a written notice of his or her determination and order to the owner and the complaining parties. The director's determination shall include specific deadlines for performance of the order.

(Ord. No. 02(2011), § 8, 2-1-11)

The determination and order of the director shall be final unless appealed to the city manager or his/her designee by the filing of a written appeal with the city clerk within seven days of the date of mailing, which appeal shall be accompanied by an appeal fee, in an amount to be determined by resolution of the city council. The director's determination and order shall be stayed during the pendency of the appeal. The decision of the city manager or his/her designee shall be final.

(Ord. No. 02(2011), § 8, 2-1-11)

Failure of the owner to comply with a final determination and order shall be a misdemeanor.

(Ord. No. 02(2011), § 8, 2-1-11)