HomeMy WebLinkAboutOrd 2013-3258 Superseded by
Ordinance No. 3258
Adopted on 9/23/2014
ORDII�'ANCE NO. 32�8
ORDII�?Ai\'CE OF THE CITY OF CHULA VISTA AMENDII�G
CHULA VISTA MUI�TICIPAL CODE SECTION 6.24.0�0
(BARI:I,\G DOGS) TO BETTER ADDRESS AI�'D A40RE
EFFICIENTLY RESOLVE THE BARKING DOG COMPLAII�'T
AI�'D ENFORCE?�4EI�'T PROCESS
V1'HEREAS, the Citv Council finds and declares that barkine dogs are a private nuisance
in that thev can frequentl�� disturb a person's interest in the use and enjo��ment of his land and
their quality of life; and
WHEREAS. the Cit�� Council finds and declares that incessant doe barkina can dismrb
neighbors to the point that the dog`s bazking needs to be addressed through issuing an infraction
citation that requires attendance in superior court; and
WHEREAS, Animal Care Facilit}� staff has received numerous complaints of bazking
dogs despite undertakine the enforcement process as detailed by the current code: and
VJHEREAS. Animal Caze Facility staff spends a lot of its time in addressine barkine do�
complaints �vithout much if anv taneible results; and �
Vl'HEREAS, the current barking dog ordinance does not do enoueh to resol��e barkine
dog complaints nor does it provide a complainino party ���ith additional options other than
continuing to complain about the dog; and
WHEREAS, the barkine doe Municipal Code provisions need to be updated in response
to citizen and staff concems about the barking doa complaint and resolution process; and
V�'HEREAS; the code updates will better obtain compliance. improve enforcement
efforts, and �ti•ill sa��e staff time and resources as well as resol��ing the complaints in a more
efficient and producti��e manner.
NOV�'. THEREFORE. the Citv Council of the Cit�� of Chula Vista does ordain as follo���s:
Section I. That Section 6.24.040 of the Chula Vista Municipal Code, «-ith the abo��e
recitations incorporated herein. is herebv amended to read as follows:
6.24.040 Barl:ing Doas. Enforcement Procedure & Nuisance.
A. Definitions.
1. "Barkine dos" means an�� doe that bazks. bavs. cries. ho�als or makes anv noise audible
be��ond the boundaries of the propert�� on ���hich the dog is situated for an extended period of
time to the disturbance of any person at any time of day or nieht, regardless of�vhether the dog is
ph��sicalh� simated in or upon pm�ate property.
Ordinance No. 3258
Page No. 2
a. A dog shall not be deemed a "bazking dog" for purposes of these provisions if, at any time
the dog is bazking, a person is trespassing or threatening to trespass upon private property in
or upon where the dog is situated, or when the dog is being teased or provoked, or when the
dog is reacting to a property owner's invitee or by a person attempting to conduct lawful
business at the property.
b. Nothing contained herein shall be construed to apply to reasonable noises emanating from
legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural
facilities, or azeas where the keeping of animals or fowl is permitted pursuant to city or
county codes.
2. "Extended period of time" shall consist of incessant barks, bays, cries, howls, or other noise
for sixty (60) minutes or more uninterrupted in any 24-hour period.
3. "Uninterrupted" shall mean bazking may not stop for five (5) minutes or more during the sixty
(60) minutes.
4. A "Responsible Person" is defined as any one of the following:
1. A person who allows a barking dog violation to exist, whether through willful
action, failure to act, or failure to exercise proper control over a bazking dog.
2. A person whose agent, employee, or independent contractor allows a bazking dog
violation to exist, whether through willful action, failure to act, or failure to exercise
proper control over a barking dog.
3. 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 where a bazking dog violation
occurs.
4. A person who possesses, has title to or an interest in, harbors or has control,
custody or possession of a bazking dog.
5. "Chula Vista Animal Care Facility" ("CVACF") is the City department responsible for
animal control and management. CVACF, and its Officers, are acting under the authority of the
CVACF and City Managers and are therefore authorized to utilize the procedures for code
compliance and enforcement contained in CVMC Chapters 1.20 and 1.41.
B. Initial Bazking Dog Complaints.
The initial complaints about a bazking dog aze to be processed as detailed below. These steps
must be undertaken prior to any bazking dog citation issuance pursuant to subsections C and D
below.
1. A Chula Vista resident lodges a barking dog complaint form with the Chula Vista
Animal Care Facility ("CVACF"). The complaint must state: 1) the home address, email
address and contact information for the complaining party; 2) the address location of the
barking dog; and 3) specifics of when and for how long the barking dog barks, bays,
cries, or howls. CVACF will not process a complaint without the above-listed
information. The complainant must complete the complaint form in its entirety and mail
or deliver it to the Chula Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA,
91911.
Ordinance No. 3258
Page No. 3
2. In response to the above complaint, CVACF will make an attempt to contact the
responsible owner, via phone or by writing, to notify them of the complaint. The
responsible owner will be given 10 days to resolve the situation.
3. The complainant can lodge a second complaint, with the same information
required by subsection A above, 15 days from the initial complaint should the dog
continue to bark.
4. In response to the second complaint, CVACF will make an attempt to contact the
responsible owner, via phone or by writing, to notify them of the second complaint and to
let them know the next step could be issuing a barking dog citation pursuant to subsection
C or D below.
5. After two complaints have been lodged CVACF will not process barking dog
complaints against this specific animal.
Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem
with the responsible person prior to filing a formal complaint. Sometimes the responsible person
is unaware of the noise and grateful for the opportunity to address the issue. If a formal
complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported
problem.
C. Barking Dog Infraction Citation. A Chula Vista Animal Control Officer has the authority
to issue a citation to any responsible person for a bazking dog as defined herein that the
enforcement officer did not see or hear occur based on complaints, signed under penalty of
perjury, lodged by two members of the community (the "complainants") who have been
disturbed by the barking dog and who reside in Chula Vista at sepazate addresses within one-
hundred (100) feet of the property boundary line where the barking dog is maintained. One of the
complainants must have lodged two complaints against the barking dog pursuant to subsection B
above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence
of a violation of this section. This citation will be issued as an infraction and will not be issued
unless the complainants sign a written promise to appeaz at the court hearing.
D. Barking Dog Administrative Citation. A Chula Vista Animal Caze Officer has the
authority to issue an administrative citation to any responsible person for a barking dog as
defined herein that the enforcement officer did not see or hear occur based on complaints, signed
under penalty of perjury, lodged by two members of the community (the "complainants") who
have been disturbed by the barking dog and who reside in Chula Vista at separate addresses
within one-hundred (100) feet of the property boundary line where the barking dog is
maintained. One of the complainants must have lodged two complaints against the bazking dog
pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall
be prima facie evidence of a violation of this section. This citation will be issued administratively
and will not be issued unless the complainants sign a written promise to appear at the
administrative appeal hearing if the responsible party lodges a timely administrative appeal.
E. Option of Mediation. Citations under subsections C or D above will not be issued, or will
be held in abeyance, in the event that the complainants and the responsible party agree in writing
to mediation. The City will provide its offices for this mediation. Mediation needs to be
completed within 30 days of selecting this option. The City will attempt to provide mediation at
no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in
equal, pro-rata shares between themselves.
Ordinance No. 3258
Page No. 4
F. Bazking Dog Nuisance (Private). Any bazking dog that satisfies the definition of
subsection A above is hereby declazed to be a private nuisance that permits a Chula Vista citizen
to file a civil lawsuit in San Diego County Superior Court against the responsible party. The
filing party is encouraged to obtain as much evidence as possible, including but not limited to
audio recordings, in support of his or her nuisance lawsuit. City officers and records may be
subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the
costs thereof.
G. These provisions are the sum-total of CVACF's involvement with barking dog
complaints and citations. CVACF will not confiscate dogs for barking alone.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Chance Haw ins /> f o~z .-~
Deputy City Attorney
Approved as to form by
en R. Goo 'ns
Ci tto
Ordinance No. 3258
Page No. 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of March 2013, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
r
Cheryl Cox, a or
ATTEST:
tr o i ~ A/OJ4 /,.-~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3258 had its first reading at a regular meeting held on the 5th day of March 2013
and its second reading and adoption at a regular meeting of said City Council held on the 19th
day of March 2013; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
~.s,e~. 2~ Zo~3 ~C.~o-n,ua.. ~ ./1~i4.t,..-b
Dated Donna R. Norris, CMC, City Clerk