Barking Dogs and Animal Nuisance Complaints
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.
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 BARKING DOG or ANIMAL NUISANCE COMPLAINT PROCESS
1.) Initial Complaint
A complaint must be submitted by completing an online Barking Dog Complaint Form or by downloading the Barking Dog Complaint Form which may be submitted in the following ways:
Mail: OC Animal Care
Barking Dog/Animal Nuisance Program
1630 Victory Road, Tustin, CA 92782
E-mail: barkingdogdesk@occr.ocgov.com
Once the complaint form is processed, an Animal Control Public Education Officer will attempt to contact the owner or responsible person to explain the Barking Dog compliant process and help resolve the situation. A courtesy notice will be sent giving the owner or responsible party 10 days to resolve the situation.
2.) Second Complaint
If the situation still occurs after the 10-day period allowed for correction, a second complaint may be submitted to OC Animal Care. A second complaint may be submitted by speaking to a staff member over the phone by calling (714) 796-6442. At the time the second complaint is received, OC Animal Care will schedule an affidavit appointment to meet with the complainant. The complainant will be required to complete an affidavit, signed under penalty of perjury, attesting to the observed violation during the affidavit appointment in other to further their compliant to the issuance of a citation.
If OC Animal Care is not contacted within 30 days following the 10-day resolution period, the complaint will expire.
3.) Citation Issuance
Once a signed affidavit is received by OC Animal Care, a civil citation may be issued. The affidavit will contain the name and address of the complainant. The responsible party will get a copy of the affidavit, along with their civil citation. Civil citations may either be posted at the residence, mailed certified and standard mail, and/or hand delivered. Civil citations are dispositioned through an administrative hearing process.
4.) Civil Citation Administrative Hearing
Unless the responsible person elects to pay the fine associated with the citation, it 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 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 citation. If a responsible party does not attend the administrative hearing, they will be unable to appeal the determination made by the Hearing Officer.
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.
Education or Mediation Appointments
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.
QUESTIONS?
OC Animal Care’s Barking Dog or Animal Nuisance Program staff can be reached at (714) 796-6442.
