Lake Forest Municipal Code Ch. 10.32 Barking Dogs

A. This chapter makes any violation for keeping, maintaining, or permitting a barking dog as defined in Section 10.32.020 or maintaining or permitting an animal nuisance as defined in Section 10.04.010 subject to civil fine.

B. This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of civil fines for barking dog and animal nuisance violations pursuant to California Government Code Section 53069.4 and the City's plenary police power.

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

D. The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of the Lake Forest Municipal Code and to eliminate nuisances for the protection and benefit of the entire community.

E. Noise generated by animals while actively utilized in the production of crops or commercial livestock or commercial poultry; or animals maintained pursuant to Government Code Section 25802, are not subject to this section.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

The following terms, as used in this chapter, shall have the meanings set forth herein, unless it is apparent from the context thereof that some other meaning is intended:

"Animal Care Services"

means the Orange County Animal Care Services Department, which the City has designated as the contractor for these services pursuant to Lake Forest Municipal Code Section 10.04.020, or another entity or organization with which the City has contracted for these services.

"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 30 minutes or more in any 24 hour period, or intermittent barking that accumulates to a total of 60 minutes or more during any 24 hour period. A dog shall not be deemed a "barking dog" for purposes of this chapter if, at any time, the dog is barking, a person is trespassing upon private property in or upon which the dog is situated or when the dog is being teased or provoked.

"Civil citation"

means a notice issued pursuant to this chapter that there has been a violation of this chapter.

"County"

means the County of Orange.

"Day"

or "days" as used in this chapter shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

"Director"

means the Orange County Animal Care Services Director, or designee.

"Enforcement Officer"

means any Animal Care Services employee or agent designated in writing by the Director.

"Hearing Officer"

means a person designated to serve as a Hearing Officer for administrative hearings. Any hearing officer designated shall be designated from among those individuals appointed by the County Executive Officer, or designee, for the purpose of conducting administrative hearings.

"Issued"

means giving a civil citation to a violator. Issuance occurs on the date when a barking dog or animal nuisance civil citation is personally served on the violator, or the date it is mailed to the property where the barking dog or animal nuisance is located or where the barking dog or animal nuisance violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog or animal nuisance is located or where the barking dog or animal nuisance violation occurred. When service is made by posting, the barking dog or animal nuisance citation shall also be mailed within 24 hours of posting to any address known for the violator.

"Notice of decision"

means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this chapter.

"Owner"

means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog, and the verb forms of "to own" shall include all those shades of meaning.

"Responsible Person."

A responsible person may also be referred to as a "violator" herein. A "responsible person" is any of the following:

A person who allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act or failure to exercise proper control over a barking dog or other animal nuisance.

A person whose agent, employee or independent contractor allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act or failure to exercise proper control over a barking dog or animal nuisance.

A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog or animal nuisance violation occurs.

For purposes of this chapter, "person" includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.

For the purposes of this chapter, there may be more than one responsible person for a barking dog or animal nuisance violation. A responsible person, subject to the provisions of this chapter, must be at least 18 years of age.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. Any Enforcement Officer has the authority to issue a civil citation to any responsible person for a barking dog or animal nuisance violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. A responsible person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog or animal nuisance citation when due. In any case, the responsible person shall have the right to appeal the issuance of the citation pursuant to the provisions of this chapter.

B. Prior to issuing a civil citation for a barking dog or animal nuisance, the responsible person shall be given a 10 day period within which to correct the problem. If after this 10 day period, the barking dog or animal nuisance issue still occurs, the complainant shall be given a 30 day period in which to report a subsequent violation by the completion of an affidavit, signed under penalty of perjury, reporting the date and time of the violation. If a subsequent violation is not reported within the 30 day period, the complainant must start the process over and file another initial complaint, allowing for 10 day waiting period, if they choose to continue the complaint.

C. A barking dog or animal nuisance civil citation may include a violation for one or more days on which a violation exists and for violation of one or more Code sections.

D. The filing of an initial complaint opens a file for the complainant against the responsible person. Each file shall remain open until the expiration of the 30 day period without the issuance of a citation, or until a citation is ultimately dispositioned by an administrative Hearing Officer or voided by Orange County Animal Care. A respective complainant can only have one open complaint against a respective responsible person at any time.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

Each barking dog or animal nuisance citation shall contain the following information:

A. Date on which a complaint or personal inspection established the barking dog or animal nuisance violation(s).

B. Name of the responsible person for the barking dog or animal nuisance violation(s) (if known).

C. Address where the barking dog or animal nuisance violation(s) occurred.

D. The Code section(s) violated.

E. Whether the violation(s) were established by inspection or by complainant.

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 Enforcement Officer.

H. Notification of an assigned administrative hearing date, time and location where the civil fine may be contested.

I. Description of the procedure for requesting a continuance of the assigned administrative hearing.

J. A notice that a barking dog or animal nuisance violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County Jail.

K. Signature of the Enforcement Officer who issued the barking dog or animal nuisance citation and/or civil fine.

L. Date upon which the barking dog or animal nuisance citation and/or civil fine was issued.

M. Proof of service to be completed by the Enforcement 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 or animal nuisance violation occurred.

N. A self-addressed envelope in which the violator can mail the civil fine to the City if the citation is not contested.

O. Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A barking dog citation or animal nuisance may be served as follows:

A. An Enforcement Officer may personally serve the barking dog or animal nuisance 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.

B. An Enforcement 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 or animal nuisance violation occurred.

C. An Enforcement Officer may post a copy of the barking dog citation in a conspicuous place on the property where the barking dog or animal nuisance violation occurred if the property owner and/or occupier's name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog or animal nuisance violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where the barking dog or animal nuisance violation occurred.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

Fines for violating the provisions of this chapter shall be as follows:

Fine for first barking dog or animal nuisance violation citation issued (per citation): $250.

Fine for second barking dog or animal nuisance citation within same 12 month period (per citation): $275.

Fine for third barking dog or animal nuisance citation within same 12 month period (per citation): $303. Fine for fourth barking dog or animal nuisance citation within same 12 month period (per citation): $333. Fine for fifth barking dog or animal nuisance citation within same 12 month period (per citation): $366.

Fine for sixth and subsequent barking dog or animal nuisance citations issued within same 12 month period (per citation): $403.

Any fine not paid within 30 days of due date (by US postmark) shall be calculated as follows:

The amount of the appropriate fine listed above added to a late penalty in the same amount as the fine such that the total amount due is double the unpaid fine amount and shall become due immediately.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. After receiving a barking dog violation or animal nuisance 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 or animal nuisance fine without contesting the fine in an administrative hearing. In that event, payment of the citation fine must be received by the Director prior to the date assigned for administrative hearing as noted in the citation. 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 Director by U.S. first class mail, postage prepaid. The 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 appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to Orange County Animal Care within 30 days from the conclusion of the hearing if the Hearing Officer upholds the barking dog or animal nuisance citation.

B. To avoid a late penalty, fines for barking dog or animal nuisance violations must be received by the Director within 30 days of the date they are due as specified in subsection (A)(1) or (A)(2) above.

C. Payment of a fine shall not excuse the violator from correcting the barking dog or animal nuisance violation. The issuance of a barking dog citation or animal nuisance and/or payment of a fine shall not bar the City from taking any other enforcement action regarding a barking dog violation that is not corrected, including issuing additional barking dog or animal nuisance citations and/or criminal complaints.

D. In the event that a fine imposed under the authority granted by this chapter remains unpaid for 30 days after it is due and payable pursuant to subsection (A)(1) or (A)(2) above, an amount equal to the fine shall be added as a late penalty and the late penalty and fine shall become due immediately. If a Hearing Officer upholds the issuance of a citation in an administrative hearing, the late penalty will be assessed if the fine is not paid within 30 days from the conclusion of the hearing. Failure to timely remit payment of a citation fine and/or late penalty authorized pursuant to this Section 10.32.070 will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this subarticle have been collected.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. Any person who receives a barking dog or animal nuisance citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog or animal nuisance citation. A violator may contest the barking dog or animal nuisance citation by denying that a violation occurred, by denying that it was not corrected within the original 10 day correction period, if applicable, or by denying that the violator is a responsible person for the violation.

B. If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog or animal nuisance citation, the violator must personally attend the administrative hearing on the date, time and place specified. A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog or animal nuisance citation.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. Hearings shall be conducted by a Hearing Officer either: (1) on the date, time and place specified in the barking dog citation; or (2) on the date assigned when a continuance pursuant to subsection F below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or designee.

B. The Director or designee will deliver all pertinent documents and records in the possession of Orange County Animal Care Services related to the barking dog or animal nuisance citation to the Hearing Officer.

C. The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog or animal nuisance citation. Either party may have legal representation at the hearing, but the testimony of what was observed by either party must come from the party themselves.

D. The citation itself and accompanying complainant's affidavit signed under penalty of perjury attesting to the barking dog or animal nuisance 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.

E. The Enforcement Officer shall not be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of other Orange County Animal Care Services employees.

F. The Director 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 City. A request to the Director is timely only if received at least seven days prior to the scheduled hearing. Such a request shall be made to, in writing and received by the Director via e-mail, facsimile or letter. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within 14 days of the date on which the continued hearing was first scheduled to take place. A Hearing Officer may also continue a hearing upon his or her own motion if a request for continuance, showing good cause, is made by a complainant, responsible person, or a representative of the City. Such a request shall be made in written form and received by the Director, via e-mail, facsimile or letter up to the date of the administrative hearing, to be included in the administrative file, or be made in person at the administrative hearing. If such a request for continuance is received, the Hearing Officer may approve or deny the request upon his or her own motion. If such a request for a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within 30 days of the date on which the original hearing, or first continuance of the hearing was scheduled to take place, whichever is later. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. If the violator or Complainant is not present on an assigned hearing date and no continuance of the hearing has been granted, the hearing shall be deemed abandoned or dismissed in accordance with subsection I below.

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

H. The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum.

I. The failure of the violator to appear at the hearing, unless the hearing was continued per subsection F above, 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 failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection F above, shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the barking dog citation. The 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.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

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 complainant to uphold or to dismiss the barking dog or animal nuisance citation based upon a conclusion of whether or not a violation occurred for which the violator was a responsible person. The Hearing Officer's decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine.

B. If the Hearing Officer's decision is to uphold the barking dog or animal nuisance citation, the civil fine imposed for the violation shall be due within 30 days of the hearing. If the decision is to dismiss the barking dog or animal nuisance citation, the civil fine shall no longer be due and payable.

C. The Hearing Officer's continued employment, performance evaluation, compensation and benefits shall not directly or indirectly be linked to the amount of citations upheld or dismissed, or the amount of fines upheld, by the Hearing Officer.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. A responsible person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within 20 calendar days after the responsible person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon "Clerk of the Board of Supervisors, County of Orange, Robert E. Thomas Hall of Administration Building, 10 Civic Center Plaza, Room 465, Santa Ana, California 92702." The responsible person must pay the appropriate Superior Court filing fee when the appeal is filed.

B. Pursuant to Section 1010.6 of the Code of Civil Procedure, Rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Local Rule 352, and Local Rule 601.01 all documents filed by attorneys in limited civil must be filed electronically unless the Court rules otherwise. Self-represented parties are exempt from the mandatory electronic filing requirement set for in the Orange County Superior Court Local Rule 352, and Local Rule 601.01 and but strongly encouraged to participate voluntarily in electronic filing and service.

C. No judicial appeal is permitted where a violator has failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog or animal nuisance citation by an unexcused nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a complainant has failed to appear at an assigned administrative hearing.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)

A. The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this chapter have been collected.

B. Failure to timely remit payment of a citation fine and/or late penalty authorized under Section 10.32.070(D) above will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor pursuant to Lake Forest Municipal Code Section 1.01.220(A) and/or Orange County Code Section 1-1-34, punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months or by both such fine and imprisonment.

(Ord. 185 § 1, 2008; Ord. 302 § 37, 2018)