Santa Barbara County Municipal Code Art. VI Dog Noise

(a) It shall be unlawful and a public nuisance for any person to keep, maintain or permit any dog under his or her charge, care, custody or control to emit excessive noise.

(b) For purposes of subsection (a) of this section, the term "excessive noise" shall mean the utterance of barks, cries or sounds which are loud, frequent and continued over a period of time so as to deprive persons residing in two or more dwelling units in the neighborhood, of the reasonable comfortable enjoyment of their homes or property.

A dwelling unit is defined as a county assessor's parcel unit, except that for the purposes of this article, condominiums and apartment units shall be deemed to be one assessor's parcel unit.

However, the provisions of this article shall not apply to any commercial animal establishment permitted by zoning law or any parcel having a comprehensive plan designation for agriculture and agricultural uses or zoned exclusively for agriculture.

(c) A public nuisance proscribed by subsection (a) of this section may be abated in the manner set forth in this chapter and in the administrative policies, procedures and guidelines adopted by the Animal Services Division of the Santa Barbara County Public Health Department (hereinafter referred to as animal services division). This chapter and the administrative policies, procedures and guidelines adopted by the animal services division are in addition to any other remedies, which may be available by law.

(Ord. No. 4948, 11-17-2015)

(a) The animal services division shall adopt written administrative policies, procedures and guidelines to process complaints, which complaints are deemed to be public records open to public inspection, regarding dogs that emit noise. Said administrative policies, procedures and guidelines shall include, but not be limited to, the processing of complaints, notification to responsible persons of complaints, investigation of complaints, voluntary and informal meetings with concerned parties regarding complaints, voluntary community mediation regarding said complaints, voluntary dog obedience training, and/or referral to the district attorney for enforcement of this chapter under section 7-39.

(b) The board of supervisors may adopt fees by ordinance to recover the costs to implement the administrative policies, procedures and guidelines adopted by the animal services division pursuant to this chapter.

(Ord. No. 4948, 11-17-2015)

(1) Civil Actions.

(a) Injunctive Relief. Whenever the director of the animal services division or his or her designee chooses to refer to the district attorney a complaint under this article, or on the district attorney's own initiative without a referral from the director of the animal services division, the district attorney may make application to the Superior Court for an order enjoining the conduct that constituted the nuisance, and upon a showing by the district attorney that such person has engaged in or is about to engage in any conduct which would constitute a nuisance as described in section 7-37, a permanent or temporary injunction, restraining order or other may be granted.

(b) Civil Remedies and Penalties.

(i) Civil Penalties. Any person, who willfully violates any of the provisions of section 7-37, shall be liable for a civil penalty not to exceed two thousand dollars.

(ii) Costs and Damages. Any person violating section 7-37 shall be liable to the county of Santa Barbara for the cost incurred in prosecuting a civil action pursuant to subsection (1) of this section 7-39, including the cost of litigation.

(2) Criminal Actions and Penalties. Any person who willfully violates any provision of section 7-37 is guilty of a crime. The offense may be filed as either an infraction or a misdemeanor at the discretion of the district attorney.

(a) Infractions. If filed as an infraction and upon conviction thereof, the crime shall be punishable by:

(i) A fine not exceeding one hundred dollars for a first violation;

(ii) A fine not exceeding two hundred dollars for a second violation of this article in one year; and

(iii) A fine not exceeding five hundred dollars for each additional violation of this article within one year.

(b) Misdemeanors. If filed as a misdemeanor and upon conviction thereof, the punishment shall be a fine of not less than five hundred dollars nor more than one thousand dollars or imprisonment in the county jail for a period not exceeding six months or by both a fine and imprisonment.

(Ord. No. 4948, 11-17-2015)