It is the duty of the department director, shelter director, animal compliance officer, and/or any other person authorized by the city manager, by resolution of the city council, or by contract to enforce the provisions of this chapter.
(Ord. 504 § 2, 2022)
It is unlawful, and it is hereby declared to be a public nuisance, for any dog, except a dog kept or controlled by a governmental agency, to commit any one or more of the following acts:
A. 
The utterance of barks, cries, or vocalizations which are shown to have occurred either as an episode of continuous noise lasting for a minimum of 10 minutes or repeated episodes of intermittent noise lasting for a minimum period of 30 minutes and deprive persons residing in two or more residences in the neighborhood of the comfortable enjoyment of their homes or deprive a person residing in one residence of the comfortable enjoyment of their residence if the following conditions are met:
1. 
Due to special physical circumstances such as topography, distance between adjoining properties, placement of structures, general location of the animal being complained about, or other special circumstances that limit the effects of the barks, cries, or sounds as to other residences or the persons in such other residences;
2. 
An animal compliance officer or other authorized enforcement official has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances.
(Ord. 504 § 2, 2022)
A. 
Upon receiving complaint(s) regarding a barking dog nuisance described in Section 6.09.010(A), supported by both: (1) a statement under penalty of perjury from the complainant describing the barking nuisance conduct; and (2) audio-visual documentation of the barking nuisance conduct if such barking nuisance conduct has not been directly observed and documented by an animal compliance officer or peace officer, the animal regulation department will review the circumstances presented giving rise to such complaint(s), and if the complaint(s) are found to be factually supported, an animal compliance officer as defined in Section 6.04.010 or peace officer shall issue an administrative citation to the owner or keeper of the barking dog identified in the complaint, assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code.
B. 
In addition to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code, at the animal regulation department's sole discretion, an individual who has received an administrative citation may enter into a written six month compliance agreement with the city to implement specified measures to eliminate the barking nuisance within 10 days of the city's notice, the city will provisionally rescind the citation and associated penalty, so long as the person who received the citation abides by the terms of the signed compliance agreement and the animal regulation department receives no further complaints during the following six month period from residents in the neighborhood regarding nuisance conduct as described in Section 6.09.020(A). The person who received the citation will be notified that if the animal regulation department finds that the person has subsequently violated the terms of a compliance agreement because the animal regulation department receives further complaints from neighbors regarding a barking nuisance during the following six month period, the citation will no longer be deemed rescinded, and payment in full of the citation amount shall be due within 10 days. The person will also be notified that the animal regulation department may also issue an additional citation if the animal regulation department finds that there has been a violation of an existing compliance agreement and new barking nuisance conduct under Section 6.09.020(A).
(Ord. 504 § 2, 2022)
A. 
Any dog whose owner or keeper receives three or more citations for being a public nuisance in violation of Section 6.09.020(A), by the animal regulation department shall be deemed to be an animal nuisance and the owner of such an animal will be ordered by the animal regulation department to obtain a nuisance dog license and pay the additional annual license fee established by the city of Moorpark for an animal nuisance and to follow all findings and orders issued by the animal regulation department.
B. 
If no less than two years have passed since the animal regulation department's latest citation for a barking dog nuisance under Section 6.09.020(A), and the person who received the citation has received no subsequent citation, and the animal regulation department has received no subsequent complaints from residents in the owner or keeper's neighborhood regarding that dog barking, the person who received the citation may submit a written request for the animal regulation department to conduct an administrative review regarding whether there is good cause to provisionally rescind a requirement that the dog to be licensed as an animal nuisance. If, in response to the request, the animal regulation department determines after administrative review that there is good cause to provisionally rescind the nuisance animal designation, it will so notify the person who received the citation. If the animal regulation department thereafter receives two or more complaints from residents in the owner or keeper's neighborhood regarding the same dog barking, the animal regulation department may, at its sole discretion, and without holding an additional hearing, reverse its provisional rescission of the requirement that the dog be licensed as an animal nuisance.
(Ord. 504 § 2, 2022)