Chapter 8.13
EXCESSIVE DOG BARKING
Sections:
8.13.020 Public nuisance—Excessive dog barking.
8.13.030 Enforcement by administrative citation.
8.13.010 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(a) “Barking dog” shall mean 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 minutes or more in any twenty-four-hour period, or intermittent barking, baying, crying, howling, or making any noise for sixty minutes or more during any twenty-four-hour period. A dog shall not be deemed a “barking dog” for purposes of this chapter 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.
(b) “Dog” shall mean any Canis familiaris.
(c) “Keep” shall mean and include having custody or control of, maintaining, harboring, or exercising.
(d) “Responsible person” shall mean any person who has possession of, harbors, has charge of, has control of, keeps, or maintains any animal in the city. (Ord. 949 § 1 (part), 2009)
8.13.020 Public nuisance—Excessive dog barking.
Maintaining, keeping, and/or permitting a barking dog, as defined in Section 8.13.010(a), on any premises in the city of Cerritos constitutes a public nuisance. (Ord. 949 § 1 (part), 2009)
8.13.030 Enforcement by administrative citation.
(a) Any designated city employee, as defined in Section 1.10.030, shall have authority to issue compliance orders and administrative citations in accordance with the procedures set forth in Chapter 1.10 in order to abate a public nuisance, as defined in Section 8.13.020. Such compliance orders and administrative citations may be issued following either or both of the following:
(1) A designated city employee, as defined in Section 1.10.030, personally identifying and/or witnessing the public nuisance, as defined in Section 8.13.020; and/or
(2) A complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the excessive barking.
(b) The procedures established in this section may be in addition to criminal, civil, or any other legal remedy established by law which may be pursued to address violations of the municipal code including, but not limited to, Chapter 8.12. (Ord. 949 § 1 (part), 2009)
8.13.040 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter or its application to any other person or circumstance. The city council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. (Ord. 949 § 1 (part), 2009)