HomeMy WebLinkAboutOrd 2014-3258 � Superseding original version
dated 3/19/13
ORDII�'ANCE NO. 32�8
ORDII�'.ANCE OF THE CITl' OF CHUL.A VISTA AA7ENDII�'G
CHULA ��ISTA D4UTICIPAL CODE SECTION 6.24.040
(BARICII�'G DOGS) TO BETTER ADDRESS AND MORE
EFFICIENTLI' RESOLVE THE BARKII�'G DOG C01�4PLAII�iT
AI�'D ET'FORCEMENT PROCESS. REn10V"ING SECTIOI�
6.24.0>0. DISTURBI?�'G THE PEACE PROHIBITED. AND
REMOVII�'G SECTION 6.24.060. NUISANCE
V�'HEREAS. the Citv Council finds and declares that barking dogs are a private nuisance
in that they can frequentl�� disturb a person's interest in the use and enjo��ment of his land and
their qualin� of life: and
WHEREAS, the Ciri Council finds and declares that incessant doe bazkine can disrurb
neighbors to the point that the dog's barking needs to be addressed throueh issuins an infraction
citation that requires attendance in superior court; and
R'HEREAS, Animal Caze Facility staff have received numerous complaints of barkin2
dogs despite undertal:in2 the enforcement process as detailed b}� the current code; and
V�'HEREAS; Animal Caze Facilit}� staff spends a lot of its time in addressine barkine do2
complaints without much if anv tangible results; and
R%HEREAS. the current bazkine doe ordinance does not do enoueh to resoh�e barkine
doe complaints nor does it provide a complainine pam� with additional options other than
continuine to complain about the dog; and
�T�%HEREAS, the barkine dog Municipal Code provisions need to be updated in response
to citizen and staff concems about the barking dog complaint and resolution process: and
V�'HEREAS, the code updates ���ill better obtain compliance. impro��e enforcement
efforts; and ���ill sa��e staff time and resources as �i�ell as resoh�ine the complaints in a more
efficient and productive manner.
I`'O�'. 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 n4unicipal Code. ��ith the above
recitations incorporated herein, is herebv amended to read as follo�+�s:
6?4.0�0 Barkins Doss. Enforcement Procedure R Nuisance.
Ordinance 32�8
Pase No. 2
A. Definitions
1. `'Barkin` dog' means am- dog that barks. bays; cries, howls or mal:es any noise audible
be}�ond the boundaries of the propert�� on N�hich the dog is situated for an extended period of
time to the disturbance of any person at any time of day or night, regazdless of whether the dog is
physicall�� situated in or upon private property.
a. A doe shall not be deemed a `'bazking dog" for purposes of these provisions if, at an�� time
the dog is barking; a person is trespassing or threatening to trespass upon private propem� in
or upon where the doa is situated, or N�hen the dog is being teased or provoked, or when the
doe is reacting to a propert}� o��ner's in��itee or by a person attempting to conduct laN�ful
business at the propert��.
b. Nothing contained herein shall be construed to apply to reasonable noises emanatine from
legally operated do� and cat hospitals, humane societies, shelters, farm and/or agricultural
facilities, or areas where the keeping of animals or fow] is permitted pursuant to city or
county codes.
2. '`Estended period oF time ' shal] consist of incessant barks, bays, cries, howls, or other noise
for sixty (60) minutes or more uninterrupted in any 24-hour period.
3. "Uninterrupted" shal] mean barking may not stop for five (5) minutes or more during the sixty
(60) minutes.
4. A "Responsible Person' is defined as any one ofthe following:
l. A person H�ho alloN�s a barking dog violation to eaist, whether throueh ��illful
action. failure to act. or failure to exercise proper control over a bazking dog.
2. A person ���hose agent, employee, or independent contractor allows a barking dog
violation to exist; whether through willful action; failure to act, or failure to exercise
proper control over a barking dog.
3. A person ��ho is the o��ner of; and a person who is a lessee or sublessee with the
current right of possession of, real property in or upon where a barking dog ��iolation
occurs.
4. A person who possesses. has title to or an interest in, harbors or has control,
custody or possession of a barking dog.
5. "Chula Vista Animal Care Facility' ("CVACF") is the City department responsible for
animal control and manaeement. 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 Barking Dog Complaints. The initial complaints about a barking dog aze to be
processed as detailed below. These steps must be underiaken prior to any barking dog citation
issuance pursuant to subsections C and D below.
Ordinance I�TO. 32�8
Paee ?�'o. 3
1. A Chula Vista resident lodees a barkine doe complaint form with the Chula Vista
Animal Caze Faciliri ('`CVACF")�The complaint must state: 1) the home address; email
address and contact information for the complaining pam_ 2) the address location of the
bazkine dog_ and 3) specifics of �fien and for how lone the bazkine dog barks; bavs,
cries. or how�ls. CVACF ��-ill not process a complaint �ti�ithout the abo��e-listed
information. The complainant must complete the complaint form in its entiret�� and mail
or deliver it to the Chula Vista Animal Caze Facilin� at 130 Bever Wa�•. Chula Vista. C.A.
9191 l.
2. In response to the abo��e complaint, CVACF ��•ill mal:e an attempt to contact the
responsible o�mer. ��ia phone or bv ���ritine_ to notifi� them of the complaint. The
responsible o�+�ner H�ill be gi��en 10 da}�s to resolve the situation.
3. The complainant can lodee a second complaint. ti�ith the same information
required b� subsection A above, 1� da��s from the initial complaint should the doe
continue to bark.
4. In response to the second complaint, CVACF will mal:e an attempt to contact the
responsible o��roer, �ia phone or bv H�ritine. to notifi� them of the second complaint and to
let them l:no���the next step could be issuine a barkino doe citation pursuant to subsection
C or D beloH�.
�. Afrer t�i�o complaints have been lodged CVACF will not process barkine dog
complaints against this specific animal.
Chula Vista Animal Care recommends that neighbors mal;e an attempt to resoh�e the problem
��ith the responsible person prior to filine a formal complaint. Sometimes the responsible person
is una�vaze of the noise and erateful for the opportunin� to address the issue. If a fortnal
complaint is submitted, CVACF �vill assist in an effort to help in the resolution of the reported
problem.
C. Barkins Doe Infraction Citation. A Chula Vista Animal Convol Officer has the authorit��
to issue a citation�to any responsible person for a barkine doe as defined herein that the
enforcement officer did not see or hear occur based on complaints; signed under penalh� of
perjur}�_ lodged b�� n��o members of the community (the "complainants') ��fio have been
disturbed b�� the bazkine dog and �vho reside in Chula Vista at separate addresses H�ithin one-
hundred (100) feet of the propert}� boundary line ���here the bazkine doe is maintained. One of
the complainants must have lodged nao complaints against the bazking dog pursuant to
subsection B abo�e. Complainants' complaints, siened under penaln� of pequn�, shall be prima
facie e�idence of a violation of this section. This citation ��ill be issued as an infraction and �vill
not be issued unless the complainants sign a ���ritten promise to appear at the court hearing.
D. Barkine Doe Administrati��e Citation. A Chula Vista Animal Care Officer has the
authoritv to issue an administrati��e citation to any responsible person for a barkine dos as
defined herein that the enforcement officer did not see or hear occur based on complaints, siened
under penalty of perjury. lodeed bv t���o members of the community (the `'complainants") who
ha��e been disturbed by the barkina doe and �+fio reside in Chula \'ista at separate addresses
N�ithin one-hundred (100) feet of the propem boundar}� line ���here the barkine doe is
maintained. One of the complainants must have lodged tti�o complaints against the bazking dog
pursuant to subsection B above. Complainants` complaints, sianed under penalh� of perjur}�,
shall be prima facie evidence of a ��iolation of this section. This citation �+ill be issued
administrativel�- and N�iil not be issued unless the complainants sign a ���ritten promise to appear
at the administrative appeal hearing if the responsible part�� lodges a timel}� administrative
appeal.
Ordinance 32�8
Pa�e No. 4
E. Option of Mediation. Citations under subsections C or D above will not be issued. or will
be held in abe��ance, in the event that the complainants and the responsible party agree in �Titing
to mediation. The Citv will provide its offices for this mediation. Mediation needs to be
completed within 30 da}�s 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.
F. Barkin2 Doe Nuisance (Private). Any barhing dog that satisfies the definition of
subsection A above is hereby declared to be a private nuisance that permits a Chula Vista citizen
to file a ci��il la«-suit in San Die�o 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 la�+�suit of this nature but the City will obtain reimbursement for the
costs thereof.
G. These provisions are the sum-total of CVACF's involvement �vith barking doe
complaints and citations. CVACF will not confiscate do�s for barking alone.
Section II. Severability
If an}� portion of this Ordinance. or its application to any person or circumstance, is for
any reason held to be in��alid; unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionalih� 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 ofthat intent.
Section N. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day afrer 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.
Ordinance ?�'o. 32�5
Pa�e No. �
Presented b�• Approved as to form b��
, �
A4ari��a ton en R. ooei
Animal C e acilitc Administrator in Ano ev
PASSED. APPROVED. and ADOPTED b�� the Cit�� Council of the Cin• of Chula Vista.
Califomia this 23rd da}� of September 2014, bv the follo�a�ins ��ote:
A1'ES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cos
I�'A1'S: Councilmembers: None
ABSEI�iT: Councilmembers: None
�
Chervl Cox. A4a��
ATTEST:
Donna R. Norris. MC. Citv Clerk
STATE OF CALIFORI�'IA )
COUI�'TY OF SAN D1EG0 )
CITY OF CHULA VISTA )
I. Donna R. Norris. Cirv Clerk of Chula Vista. Califomia, do herebv certifi� that the foresoine
Ordinance I�'o. 32�8 had its first readins at a reeulaz meetine held on the �th dav of March 20li
and its second reading and adoption at a regular meeting of said Cin- Council held on the 23rd
da�� of September 2014; and ���as dul}� published in summar}� form in accordance ���ith the
requirements of state la�v and the Cit�� Charter.
S' �SL � �-�.
Date Donna R. Noms. Cn9C. Cit�� Clerk