In October of 2009, the City of Irvine Police Department implemented a civil administrative citation procedure for excessive dog barking. The following information explains the civil citation procedure.This information is intended to explain both the role of Irvine Animal Services and the role of the Complainant in the resolution of the problem. The civil citation procedure is as follows:
4-5-1202 IMC Definitions: “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 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 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”
4-5-1203 IMC Barking dog citation – general: (a) Any Enforcement Officer has the authority to issue a civil citation to a responsible person for a barking dog violation which the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. A Responsible Person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog citation when due.
This civil administrative citation procedure only applies to the nuisance (barking) of a dog. Any other nuisance complaints such as exotic birds, roosters, etc., must utilize a different process.
There may be more than one person responsible for a barking dog violation. A “Responsible Person” is defined as any one of the following:
• If the citation is upheld by the hearing officer, the fine is due and payable at the conclusion of the administrative hearing. Payment of the fine shall not excuse the violator from correcting the barking dog violation.