This process covers complaints filed for violations occurring in the following cities:
Anaheim | Brea | Cypress | Fountain Valley | Fullerton | Huntington Beach | Orange | San Juan Capistrano | Tustin | Villa Park | Yorba Linda | Unincorporated Areas of Orange County
Barking Dog: a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking that accumulates to a total of 60 minutes or more during any 24-hour period.
Animal Nuisance: any animal other than a dog that makes a noise which emanates from the animal not resulting in contact with another object or structure. The noise must be for an extended period of time to the disturbance of any person at any time of day of night, regardless of whether the animal is physically situation in or upon private property. Such extended period of time shall consist of incessant noise for 30 minutes or more in any 24-hour period, or intermittent noise that accumulates to a total of 60 minutes or more during any 24-hour period.
The criteria for a Barking Dog or Animal Nuisance violation are listed below. Complete definitions can be found in Orange County Codified Ordinance (OCCO) Sec. 4-1-3. For both types of complaints, the noise disturbance must satisfy at least ONE of the following:
30 minutes or more of incessant (non-stop) noise, or
Incessant: continuing without stopping, or without pause or interruption; unceasing.
60 minutes or more of accumulated, intermittent (on/off) noise in a 24-hour period
Intermittent: Occurring in a non-continuous or non-steady fashion. Starting, stopping, and starting again. An occurrence with pauses or interruptions; occasional, sporadic.
OCCO Sec. 4-1-3 and Sec. 4-1-59 were recently amended. The amended ordinances take effect on October 12, 2017, and are effective in the cities and areas listed above. These changes allow for the civil citation process to be utilized for noise complaints involving animals other than dogs. OCCO Sec. 4-1-59 (as amended) also gives the responsible party 30 days to pay the fine associated with a civil citation.
OCAC facilitates the Barking Dog or Animal Nuisance complaint process, acting as an intermediary between the complainant and responsible person; and issuing a citation if necessary. OCAC does not investigate or make a determination that a Barking Dog or Animal Nuisance violation has occurred. OCAC can provide assistance mediating the circumstances of the issue or other information between both parties and can provide suggestions on how to resolve the issue with the animal in question. Citations are issued after the receipt of a second complaint and are based on the sworn affidavit signed by a complainant.
Citations are issued to responsible persons. There may be more than one person responsible for a barking dog violation. A responsible person is defined as any one of the following:
A person who allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or animal nuisance.
A person whose agent, employee, or independent contractor allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog.
A person who is the owner of, and a person who is a lessee or sub-lessee with the current right of possession of, real property in or upon which a barking dog or nuisance animal violation occurs.
The complainant must first initiate a complaint in writing or online, under penalty of perjury, by submitting a completed Barking Dog or Animal Nuisance Complaint Form to OC Animal Care.
Written complaint forms may be submitted in the following ways:
E-mail: barkingdogdesk@occr.ocgov.com
Fax: (714) 259-1088
Mail: OC Animal Care
Barking Dog/Animal Nuisance Program
1630 Victory Road, Tustin, CA 92782
*Initial complaints cannot be submitted over the phone.
Once the complaint has been processed, an Animal Control Public Education Officer (PEO) will attempt to contact the owner or responsible person to explain the Barking Dog or Animal Nuisance complaint process and to help resolve the situation. Please note these notices are being sent in-house and we allow 3 business days for the notice to reach the animal owner.
The notice will give the owner or responsible person ten (10) days to resolve the situation. Many complaints received are resolved after the delivery of the courtesy notice and do not escalate to the issuance of a citation. Be advised, OCAC does not provide identifying information of the complainant at the first step in the process.
The COURTESY NOTICE is NOT a citation and is only meant to advise the responsible person of the complaint and of the ten (10) day period allowed to resolve the issue.
If the situation still occurs after the ten (10) day period allowed for the responsible party to correct the issue, a second complaint may be submitted to OCAC by the complainant. Second complaints may be submitted by speaking to a Barking Dog or Animal Nuisance Program staff member over the phone. At the time the second complaint is received, OCAC will schedule an affidavit appointment to meet with the complainant. If OCAC is not contacted within thirty (30) days following the ten (10) day resolution period, the complaint will expire.
If the complainant files a second complaint within the thirty (30) day period and before the complaint expires, they will be required to complete an affidavit, signed under penalty of perjury, attesting to the observed violation during the affidavit appointment in order to further their complaint to the issuance of a citation.
Once a signed affidavit is received by OCAC, a citation may be issued. The affidavit will contain name and address of the complainant. The responsible person will get a copy of the affidavit along with their citation. Civil citations may be either posted at the residence, mailed certified and standard mail, and/or hand delivered. Posted citations will also be mailed to make ensure receipt of the citation.
For civil citations, unless the responsible person elects to pay the fine associated with the citation, the citation will be scheduled for an informal administrative hearing so that a Hearing Officer can make a decision on the outcome of the citation. The complainant is required to attend this administrative hearing. If they do not, the civil citation may be dismissed by the Hearing Officer. The responsible person is also required to attend the administrative hearing if they chose to contest the civil citation. If a responsible party does not attend the administrative hearing, they will be unable to appeal the determination made by the Hearing Officer.
For civil citations, it is the responsibility of both parties to bring evidence or testimony to the administrative hearing. In order to be considered, copies of evidence or digital media must be submitted at the hearing. Copies will not be returned.
If the civil citation is upheld, the responsible person will have 30 days to pay the civil citation fine. Civil citation fines paid after 30 days will result in a late penalty equal to the amount of the original fine.
OC Animal Care staff are here to help. Education and mediation appointments are available services to participants of this program. An Animal Control Public Education Officer can arrange an appointment to discuss the situation and convey information to the responsible person at your request. This may help facilitate the resolution of this issue. Feel free to reach out and schedule a mediation appointment if you are involved in a Barking Dog or Animal Nuisance complaint.
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