San Bernardino Municipal Code Ch. 6.02 Noisy Animals

The Mayor and City Council do find, determine and declare that the city has become so closely built up with buildings occupied by human beings for business and dwelling purposes, and has become so thickly populated that the keeping therein of noisy animals has become injurious to health, offensive to the senses and an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property by the entire community and neighborhood, and by a considerable number of persons therein.

(A) It is unlawful for any person owning, keeping, harboring or having in his or her care or custody any dog or other animal to cause or permit to be made or caused by such dog or other animal, barking or making of any noises or other sounds, so as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person(s) of normal sensitivity residing in the area, unless such noise or sound is made by an official police dog or fire dog while on duty.

(B) If, in violation of the provisions of division (A) above, any dog or other animal persistently emits any noise or sound in such a manner as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept, the Animal Control Division may notify the owner of the dog or other animal by issuing a written warning notice advising the owner of a possible public nuisance. If, within a period of seven days after the issuance of such notice, the person owning, keeping, harboring or having in his or her care or custody said dog or other animal has not abated the nuisance, such person shall be liable to enforcement of the provisions of this title.

(C) It is unlawful for any person, after being informed in writing pursuant to the provisions of division (B) above that his or her dog or other animal may be declared a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such dog or other animal does not again disturb residents in the vicinity in which the dog or other animal is kept.

When the City Animal Control Division is notified or alerted of a possible noisy dog or other animal, the Animal Control Division may issue a noisy animal warning notice. Such notice shall specify that the dog or other animal is in possible violation of this municipal code and that the noisy dog or animal nuisance must be abated to avoid further city action.

Any person who neglects or refuses to abate the condition within the time specified in the noisy animal warning notice, or fails to request a hearing before the hearing officer pursuant to the procedure established in § 6.14.080, is guilty of an infraction punishable under § 1.12.010. Any person aggrieved by the decision of the hearing officer may bring an appeal to the Animal Control Commission by filing an appeal pursuant to the procedure established in § 6.14.100 herein. The Animal Control Commission’s decision shall be made in accordance with, and shall be subject to, all of the provisions of § 6.14.110 herein.

Nothing in the foregoing section shall be deemed to prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under other applicable law.