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New
Barking Dog Ordinance & Program
Animal Care Services
Anticipated to begin by the end
of June 2007.
On November 21, 2006, the
Orange County Board of Supervisors adopted Ordinance No.
06-011, adding Section 59 to Title 4 of the County Codified
Ordinance.
The “Barking Dog Ordinance”
clearly defines what is deemed to be a barking dog:
“A dog that barks, bays, cries,
howls or makes any noise for an extended period of time…Such
extended period of time shall consist of incessant barking for
30 minutes or more in any 24-hour period, or intermittent
barking for 60 minutes or more during any 24-hour period.”
It defines who is a responsible
person:
“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 barking
dog…Owner of property upon which a barking dog violation
occurs.”
It gives OCACS authority to issue
citations for violations of the Ordinance:
“Any Enforcement Officer has the
authority to issue a civil citation to any Responsible Person
for a barking dog violation.”
And it establishes an
administrative hearing process:
“The violator and complainant
shall be given the opportunity to testify (to a Hearing Officer)
and to present evidence relevant to the barking dog citation.”
This Ordinance is aimed at
significantly improving the effectiveness of OCACS’ barking dog
program. The program was crafted with a focus on expediency,
fairness and resolution. When the first barking dog complaint is
filed, an Animal Control Officer will make a personal visit with
the dog owner to offer information about the “Barking Dog
Ordinance,” education materials, and training tips and
techniques to reduce the barking. From the day of the visit, the
dog owner is given 10 days to remedy the barking violation.
If after 10 days the barking
violation continues, a second complaint may be filed. Upon
second complaint, the complainant must sign a statement under the penalty of
perjury that the dog barking is violating the County Ordinance.
An Animal Control Officer will then visit the dog owner again to
issue a citation for the barking dog violation.
The dog owner may utilize an
assigned administrative hearing to dispute the citation. The complainant
must also attend the administrative hearing, or the citation will be
dropped. At the hearing, the Administrative Hearing Officer will
attempt to find a resolution and will educate both the dog owner
and complainant on what is deemed a barking dog nuisance as
defined under the Ordinance.
To find out if the program is in
effect in your city, or if you have a question about a barking
dog, please call our
Operations Desk at 714-935-6942.
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