Hawthorne Municipal Code Ch. 6.25 Abatement of Barking Dogs as a Nuisance

A dog which barks in a substantially continuous manner in the daytime or nighttime to the annoyance of people in the neighborhood is declared to be a nuisance which may be abated by the procedures hereinafter provided.

(Ord. 1817 § 1, 2005)

No person shall keep, maintain or harbor within the city any dog which shall by loud and continuous, or loud and frequent barking, disturb the peace and quiet of any neighborhood.

(Ord. 1817 § 1, 2005)

Declarations under penalty of perjury must be filed with either the bureau of animal control or the director of licensing and code enforcement stating in detail all of the following:

A. That declarant is a resident of a residential home located within two hundred yards of the premises where the dog is located;

B. Within the past month declarant has heard the dog bark for a substantially long period to the extreme annoyance of the declarant;

C. That declarant has had deterioration of emotional health from the barking;

D. That declarant requests that the dog either be removed from the premises or be confined indoors during specified hours;

E. That declarant has mailed a copy of the declaration, certified mail, to the owner of the dog.

(Ord. 1817 § 1, 2005)

At least one declaration shall be filed with the bureau of animal control officer or representative before procedures provided for hereinafter shall be implemented.

(Ord. 1817 § 1, 2005)

Upon receipt of such declaration or declarations, the bureau of animal control shall assign an officer to investigate the complaint or complaints. The bureau of animal control officer shall personally interview the complainant or complainants and the owner of the dog and shall determine whether the declaration or declarations have merit and shall warn the owner of the dog of the possibility of corrective action of the dog (e.g., removal or indoor confinement) if the dog does not stop barking continuously.

(Ord. 1817 § 1, 2005)

If the situation is not corrected after forty-eight hours warning to the owner of the dog, the bureau of animal control officer, code enforcement officer or other city representative or police office who personally hears the dog barking continuously for at least a ten-minute period on at least two separate occasions during a seven-day period shall submit a declaration under penalty of perjury in that regard.

(Ord. 1817 § 1, 2005)

Upon receipt of the declaration of the bureau of animal control, and complainant or complainants, the animal control board (pursuant to Hawthorne Municipal Code Sections 6.04.101 through 6.04.103) shall determine the time and place of the hearing as to whether the dog is a nuisance, and whether and how the nuisance should be abated. In no event shall the person who investigated the complaint be a member of the animal control board that renders a decision as to whether the dog barking constitutes a nuisance. Notice of the hearing shall be given by certified mail, return receipt requested, set at least ten days prior to the hearing and shall be sent to the owner of the dog and each complaining witness, and to the bureau of animal services.

(Ord. 1817 § 1, 2005)

At the time and place of the hearing each complaining witness, bureau of animal control officer, code enforcement officer or police officer must be present. If any of these parties are not present, the hearing may be continued to a time and place convenient to the animal control board and those present. If complaining parties who filed written complaints and the bureau of animal control officers, code enforcement officers or police officer are not present on the continued date, all proceedings shall terminate.

(Ord. 1817 § 1, 2005)

Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of the barking dog nuisance abatement code. In the discretion of the animal control board, the evidence submitted in the hearing before the animal control board may be either in the form of written declarations or by way of oral testimony. All written declarations shall be made under penalty of perjury in compliance with Section 2015.5 of the California Code of Civil Procedure. The animal control board shall use preponderance of the evidence as the standard of evidence in deciding the issues.

(Ord. 1817 § 1, 2005)

A. The animal control board shall issue a written decision entitled "administrative order" no later than thirty days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible person for the violation by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. The animal control board shall make findings within the administrative order regarding the existence of the violation(s) specified in this chapter. If the animal control board concludes that the barking dog constitutes a nuisance, the administrative order shall set forth a schedule for correction, (i.e., whether the dog should be removed from the residence or whether the dog should be confined indoors for a specified schedule). If the animal control board determines that the barking dog does not constitute a nuisance, all proceedings regarding the violation(s) shall immediately cease. However, this does not preclude other persons or declarants from reinstituting proceedings against the owner of the same dog.

B. The administrative order shall impose administrative penalties as provided in Section 6.25.100, and administrative costs as provided in Section 6.25.110.

C. The administrative order shall become final on the date of service, and shall notify the responsible person of his right to appeal as provided in Section 6.25.120. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal.

(Ord. 1817 § 1, 2005)

A. The animal control board shall asses against the responsible person an administrative penalty for any violation found to exist, or for nay violation which was not timely corrected. The penalty shall be in the amount set forth in the administrative citation schedule established by resolution of the city council for the particular violation. Because a new and separate offense occurs under Section 1.23.001(A) each day during which a violation of any provision or requirement of this code is committed, the animal control board may further assess a penalty in the amount set forth in the administrative citation schedule for each day from the date the compliance order was issued until the date the violation is corrected as determined by the animal control board. The administrative order shall specify the date by which the penalty must be paid.

B. Administrative penalties assessed by the animal control board are a debt owed to the city.

C. Any person who fails to comply with the requirements and/or restrictions provided in any such hearing shall constitute a violation of this chapter. Such violation or violations shall be subject to the administrative remedies procedure delineated in Chapters 1.23 A, 1.23 B or Chapter 6.25.

(Ord. 1817 § 1, 2005)

The animal control board shall assess against the responsible person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including but not limited to costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, and costs for all inspections necessary to enforce the compliance order and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.

(Ord. 1817 § 1, 2005)

Within twenty days after service of the animal control board's administrative order upon the responsible person, he or she may seek review of the administrative order by filing a notice of appeal with the superior court. The responsible person shall serve upon the city clerk either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative order shall be deemed confirmed.

(Ord. 1817 § 1, 2005)

Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order.

(Ord. 1817 § 1, 2005)