CITY OF COSTA MESA
P.O. BOX 1200 CALIFORNIA 92628-1200 POLICE DEPARTMENT – ANIMAL CONTROL 714-754-5311
Dear Resident, You have recently contacted Costa Mesa Animal Control regarding a barking dog problem that you are now experiencing. Regrettably, this problem is all too frequent and frustrating to those being bothered by the nuisance. According to the Costa Mesa Municipal Code:
Section 3-8 “Barking Dog” Defined. “Barking dog” means a dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated 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, baying, crying, howling or making of any noise for thirty (30) minutes or more in any twenty-four-hour period, or intermittent barking, baying, crying, howling or making any noise for sixty (60) minutes or more during any twenty-four-hour period. A dog shall not be deemed a “barking dog” for purposes of this article if, at any time the dog is barking, a person is trespassing or threatening to trespass upon
private property in or upon which the dog is situated, or when the dog is being teased or provoked.
Section 3-113 Barking Dog - Public Nuisance. The city council of the City of Costa Mesa hereby decrees that maintaining, keeping and/or permitting a barking dog, as defined in Section 3-8 of this Code, on any premises in the City of Costa Mesa constitutes a public nuisance. Every day the barking dog violation exists beyond the ten day notice period to correct the problem, as set out in Section 3-114 of this Code, shall be regarded as a new and separate offense. Section 3-114 Barking Dog - Enforcement. (a) Any animal control officer or police officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-34 through 1-48 of this Code to any responsible person for a barking dog violation that the enforcement officer did not see or hear based upon a complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the barking dog. All barking dog complaints shall be lodged with the Costa Mesa Police Department. (b) Prior to issuing the administrative citation to the responsible person the enforcement officer shall send a warning notice via registered or certified mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or the date of personal service in which to abate the public nuisance caused by the barking dog.
Costa Mesa Animal Control recommends that neighbors make an attempt to resolve the problem with the nuisance dog owner or other responsible person prior to filing this formal complaint. On page 2 you will find the Barking Dog Complaint form. Please complete the complaint in its entirety and mail to Costa Mesa Animal Control, 99 Fair Drive, Costa Mesa, CA 92626. You may also personally deliver the completed form to the front desk of the Police Department at the same address. Your complaint will be reviewed to ensure it is completed and meets the legal criteria for a violation pursuant to CMMC Section 3-8. Once a valid complaint has been processed, an Animal Control Officer will contact the responsible person providing helpful information for resolution of the problem. At that time, the Animal Control Officer will issue a written warning to abate the nuisance within 10 days. If the dog’s noise should continue to disturb you after the 10 day warning period and you wish further response from Costa Mesa Animal Control, you may contact us to request that a Civil Citation be issued to the responsible person for violation of CMMC Section 3-113. If Costa Mesa Animal Control is not contacted for this purpose within 30 days following the 10 day period, your complaint will expire. Before a citation will be issued, you will be required to sign an affidavit under penalty of perjury that the barking dog has disturbed you and the dog is a nuisance as defined by CMMC Section 3-8. You will also be required to attend an administrative hearing if the responsible person contests the citation. If you do not attend the scheduled hearing, the citation shall be dismissed in favor of the responsible person. Should you have any questions about this procedure, please contact Costa Mesa Animal Control at 714-7545311.
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CITY OF COSTA MESA BARKING DOG COMPLAINT FORM
(PLEASE READ INFORMATION ON PAGE 1 BEFORE COMPLETING)
COMPLAINANT INFORMATION
COMPLAINANT’S FULL NAME RESIDENCE ADDRESS PHONE NUMBERS (HOME) (OTHER)
BARKING DOG INFORMATION
ANIMAL OWNER’S NAME NAME OF OTHER RESPONSIBLE PARTY/PARTIES RESPONSIBLE PARTY’S RELATIONSHIP TO ANIMAL OWNER ADDRESS OF NOISY ANIMAL(S) PHONE NUMBERS (HOME) (OTHER)
DESCRIPTION OF BARKING DOG(S) IF KNOWN (BREED, NAME, COLOR, SIZE, GENDER, ETC.)
VIOLATION/S (use separate sheet if necessary)
DATE DATE DATE FROM FROM FROM AM / PM TO AM / PM TO AM / PM TO AM / PM CHECK ONE: AM / PM CHECK ONE: AM / PM CHECK ONE: INCESSANT INCESSANT INCESSANT INTERMITTENT INTERMITTENT INTERMITTENT
Have you attempted to contact the dog’s owner or any other responsible party? If yes, name of party and date: Results of your contact:
I DECLARE UNDER PENALTY OF PERJURY AND PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. I UNDERSTAND THAT PER CALIFORNIA PENAL CODE SECTION 148.5, PROVIDING FALSE INFORMATION IS A MISDEMEANOR AND COULD SUBJECT ME TO CRIMINAL PROSECUTION AND THAT THE MAXIMUM PUNISHMENT FOR EACH VIOLATION IS SIX (6) MONTHS IN JAIL AND/OR A $1000 FINE.
Print name Signature
Date
Return completed form to Costa Mesa Animal Control, 99 Fair Drive, Costa Mesa, CA 92626 2