A dog which barks in a substantially continuous manner in the
daytime or nighttime to the annoyance of people in the neighborhood
is declared to be a nuisance which may be abated by the procedures
hereinafter provided.
(Prior code § 20-43; Ord. 436 § 2, 1973)
A.
Abatement
of a barking dog as a nuisance may be initiated by the filing of a
declaration as described herein.
B.
Declarations
under penalty of perjury must be filed with the city clerk stating
in detail all of the following:
1.
That
declarant is a resident of a residential home located within two hundred
yards of the premises where the dog is located;
2.
Within
the past month declarant has heard the dog bark for a substantially
long period to the extreme annoyance of the declarant;
3.
That
declarant requests that the dog is removed from the premises;
4.
That
declarant has mailed a copy of the declaration, certified mail, to
the owner of the dog.
(Prior code § 20-44; Ord. 436 § 2, 1973; Ord.
952 § 1(a), 1990)
At least one declaration shall be filed with the humane society
officer before procedures provided for hereinafter shall be implemented.
(Prior code § 20-45; Ord. 436 § 2, 1973)
Upon receipt of such declaration or declarations, the humane
society of Pomona Valley shall assign an officer to investigate said
complaint or complaints. He or she shall personally interview the
complainant or complainants and the owner of the dog. He or she shall
determine whether the declaration or declarations have merit and shall
warn the owner of the dog of the possibility of abatement of the dog
if the dog does not stop barking continuously.
(Prior code § 20-46; Ord. 436 § 2, 1973)
If the situation is not corrected after forty-eight hours' warning
to the owner of the dog, the humane society officer who personally
hears the dog barking continuously for at least a ten-minute period
on at least two separate days during a seven-day period shall submit
a declaration to the city clerk, under penalty of perjury, in that
regard. Then the humane society may enter the private property and
impound the dog pending a hearing to follow as hereinafter provided.
(Prior code § 20-47; Ord. 436 § 2, 1973; Ord.
952 § 1(b), 1990)
Upon receipt of the declaration of the humane society officer
and complainant, the city manager shall appoint a hearing officer
who shall determine a time and place of the hearing as to whether
the dog is a nuisance, and whether and how the nuisance should be
abated. Notice of the hearing shall be given by certified mail, return
receipt requested, sent at least ten days prior to the hearing and
shall be sent to the owner of the dog and each complaining witness
and to the humane society officer.
(Prior code § 20-48; Ord. 436 § 2, 1973; Ord.
952 § 1(c), 1990)
At the time and place of the hearing, each complaining witness
and the humane society officer must be present. If any of these parties
are not present, the hearing may be continued to a time and place
convenient to the council and those present. If complaining parties
who filed written complaints and the humane society officer are not
present on the continued date, all proceedings shall terminate.
(Prior code § 20-49; Ord. 436 § 2, 1973; Ord.
952 § 1(d), 1990)
At said hearing, evidence may be submitted by either party,
and each party shall have the right to crossexamine the opposing witnesses.
(Prior code § 20-50; Ord. 436 § 2, 1973)
At the conclusion of the hearing, the council shall determine
whether the dog is a nuisance.
(Prior code § 20-51; Ord. 436 § 2, 1973)
The dog shall be kept by the humane society for at least ten
days after notice of the decision is given by certified mail to the
owner that the dog has been declared to be a nuisance. The owner shall
be notified of said time period the dog will be held to allow the
owner an opportunity to obtain judicial remedy if desired. If no court
order is issued after such period preventing it, the humane society
shall make every effort to place such dog for adoption in a rural
area where it will not be a disturbance to any surrounding neighbors.
(Prior code § 20-52; Ord. 436 § 2, 1973)
Dogs not within entirely closed shelter between ten p.m. and
seven a.m. may be impounded by the humane society officer or police
officer who may enter private property for such purpose if such dog
is reported to be a nuisance by a neighbor and the occupant of the
premises is either not in attendance on the property or who, after
being given notice by the humane society officer or police officer,
does not immediately put the dog in an entirely closed shelter. Dogs
so impounded by the humane society may be returned to the owner upon
payment of the pound fees for the time it was impounded. If the dog
is so impounded, notice thereof will be given by mail within twenty-four
hours to the address from which the dog was taken of such impounding.
"Entirely closed shelter," as used herein, means a structure enclosed
by four solid walls and a roof. A screened patio or porch shall not
be acceptable as an entirely closed shelter.
(Prior code § 20-53; Ord. 436 § 2, 1973)
