Eastvale Municipal Code Ch. 18.20 Noisy Animals

The disturbance caused by excessive, unrelenting or habitual noise of any animal is disruptive of the public's peace and tranquility and represents an unwanted invasion of privacy of the residents of the city. At certain levels, the excessive, unrelenting or habitual noise of any animal may jeopardize the health, safety or general welfare of residents of the city and degrade their quality of life.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

It is declared to be in the public interest to promote the health and welfare of the residents of the city by providing for an administrative proceeding for the abatement of such noisy animal nuisances, which abatement procedures shall be in addition to all other proceedings authorized by city ordinances or otherwise by law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

This chapter is adopted pursuant to the city council's police power as set forth under article XI, section 7 of the state constitution.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

This chapter shall not apply to noise or sound made by an official law enforcement dog while on duty.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Complaining party means persons who contact the department of animal services to report a noisy animal or animals.

Director means the director of the department of animal services of the county or duly authorized representative.

Noisy animal means any animal or animals maintained on the same premises or location whose excessive, unrelenting or habitual barking, howling, crying or other noises or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity hearing such sounds.

Responsible party includes any of the following:

(1) The person or persons who owns the property where the noisy animal is located;

(2) The person or persons in charge of the premises where the noisy animal is located;

(3) The person or persons occupying the premises where the noisy animal is located;

(4) The owner of the noisy animal.

If any of these persons are minors, the parent or parents or a guardian of such minor shall be the responsible party.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

(a) It is unlawful and a public nuisance for any person to allow on their property, own, keep, permit, harbor or have in their care, custody or control a noisy animal.

(b) It is unlawful for the responsible party, after being informed in writing that his animal has been declared a noisy animal and that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to ensure that such noisy animal does not again disturb residents in the vicinity in which the noisy animal is kept.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

(a) When an animal control officer is notified of a possible noisy animal and has personally confirmed the existence of a noisy animal, or has received a written complaint under penalty of perjury of such noisy animal signed by a complaining party, the animal control officer shall issue a noisy animal warning notice ("warning notice") to the responsible party. Such warning notice shall specify that the continued barking, howling or other noise or sounds of such animal is in violation of this chapter and that the noisy animal nuisance must be abated immediately to avoid further action by the city. The warning notice shall be personally served or served by mail upon the responsible party. If service by mail or personal service cannot be safely made or reasonable attempts at personal service have failed, the warning notice shall also be posted at the premises upon which the animal is located. A copy of the warning notice shall be filed with the department of animal services. The director shall within five days of issuance of the warning notice, make a reasonable attempt to speak personally or by telephone with the responsible party concerning the matter, including what efforts have been made to abate the nuisance.

(b) If within five days of the issuance of the warning notice the director determines that the barking, howling or other sound or cry was provoked or that such barking, howling or other sound or cry was not excessive, unrelenting or habitual, the director shall cause the warning notice to be voided and the responsible party to whom it was issued to be so notified. In the event a warning notice has been voided, such warning notice shall not be considered as having been issued for the purposes of sections 18.20.080, 18.20.130 or 18.20.150.

(Ord. No. 21-03, § 1, 4-28-2021)

(a) When the director receives a subsequent verbal or written complaint concerning a noisy animal at the same location within 12 months after the issuance of a warning notice, the director shall determine whether there is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint of noisy animal and petition for administrative hearing ("declaration of complaint and petition") shall be issued by the director to the complaining party. The complaining party shall be informed that further action may not be warranted if the responsible party is in compliance with section 18.20.060(b), but in any case, no further action can be taken until the completed declaration of complaint and petition is received by the director.

(b) The declaration of complaint and petition shall be completed under penalty of perjury by the complaining party and returned within ten days to the director.

(c) The director, upon receipt of a timely executed declaration of complaint and petition, shall set the case for hearing before an administrative hearing officer. The hearing shall be set at least ten days from the date the declaration of complaint and petition is received and no more than 30 days after the date the declaration of complaint and petition is received. The director shall notify the complaining party and responsible party of the date, time, and place for the hearing. The notice of hearing shall advise the complaining party and responsible party that they may present evidence at the hearing through witnesses and documents. The notice of hearing shall be accompanied by a copy of the completed declaration of complaint and petition. The notice of hearing shall be personally served or served by mail on all parties. If the notice of hearing cannot be mailed or safely served by personal service or reasonable attempts at personal service have failed, then it may be posted upon the premises where the animal is kept.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

A determination whether an animal is violating this chapter shall be made by an administrative hearing officer. The administrative hearing officer shall have the power to hear testimony from witnesses, including complainants, peace officers, animal control officers, or other witnesses or parties including the responsible party, to determine whether the maintenance of the animal is a public nuisance and to order the abatement of such nuisance by taking such actions as set forth in this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

The hearing before the administrative hearing officer shall be open to the public. The administrative hearing officer may admit all relevant evidence, including incident reports and affidavits of witnesses. The administrative hearing officer may decide all issues even if the responsible party for the animal fails to appear at the hearing. If the complaining party fails to appear at the hearing and the investigating animal control officer does not have personal knowledge of the noisy animal, the complaint shall be dismissed. The administrative hearing officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and the maintenance of such noisy animal is a public nuisance. Upon the conclusion of the hearing, the administrative hearing officer may orally announce the decision as to whether the animal is a noisy animal.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

Within ten business days after the conclusion of the hearing, the administrative hearing officer shall, by certified mail, return receipt requested and by posting upon the premises where the animal is kept, notify the responsible party of the administrative hearing officer's determination and any orders issued. The order shall be called an administrative abatement order. If the administrative hearing officer determines that the animal is a noisy animal and the maintenance thereof, a public nuisance, the responsible party shall comply with the administrative hearing officer's order within five days after the date of mailing and posting of the determination and order. The decision of the administrative hearing officer shall be final.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

The administrative hearing officer may, as part of his determination that the animal is a noisy animal and a public nuisance, direct the responsible party to perform one or more of the following actions:

(1) Containment of the noisy animal within an enclosed building on the premises of the responsible party;

(2) Require that the noisy animal wear a noise suppression device obtained at the expense of the responsible party to reduce or eliminate the noise creating the nuisance;

(3) Require that the noisy animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the administrative hearing officer and at the expense of the responsible party;

(4) Restrict the time of day, days of the week and duration when the animal may be placed out-of-doors on the premises of the responsible party;

(5) Require the noisy animal be debarked at the expense of the responsible party;

(6) Require the responsible party to permanently remove the noisy animal from said property;

(7) Any other reasonable means to accomplish the abatement of the nuisance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

It is unlawful for any responsible party to fail, neglect or refuse to comply with an administrative abatement order of the administrative hearing officer within the time specified in said order. Should any party subject to the administrative abatement order fail to comply with the order, in whole or in any part thereof, that party or those parties may be subject to administrative remedies to enforce the administrative abatement order as set forth in this chapter, including administrative citations and penalties, and any other lawful means necessary to gain compliance, including a civil action.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

In the event any person shall fail, neglect or refuse to comply with an administrative abatement order of the administrative hearing officer within the time specified in said order and the public nuisance continues to exist, a civil action may be commenced to obtain the abatement of the noisy animal public nuisance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code § 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative hearing officer pursuant to chapter 8.17 of this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)

The provisions of this chapter are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)