When does my neighbor’s dog bark enough to violate the law in the Redondo Beach Municipal Code?
Municipal Code 4-24.502 prohibits excessive barking.
Your neighbor’s barking dog constitutes a violation of the law when:
The dog barks more than five minutes in any hour.
The dog’s barking is audible at the complainant’s property line.
RBMC 4-24.502
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainants property line which are audible for more than five (5) minutes in any hour.
What do you recommend as the first step between neighbors when a dog is barking excessively?
Talk with your neighbor and tell them that there is a problem with their dog barking.
Your neighbor may not know that their dog is barking, especially if it occurs while they are away from home.
The owner may feel that a barking dog, music or other noises are acceptable during daytime hours because “normal” people’s activities are not disturbed or are done outside the home (such as sleeping, studying, working, watching television, reading, etc.)
The dog owner may not be sensitive to the noise caused by their dog and thinks that others feel the same. Everyone has different sensitivity levels to different types of sounds.
Try to communicate with your neighbor first, before using criminal prosecution as a solution.
The City may be able to assist you with participating in cost-free mediation services if you find it difficult to approach them personally.
If communication does not work, then prosecution may be your only recourse.
This can cause long term neighborhood discord.
How may I complain about my neighbor's barking dog if I want to pursue criminal prosecution?
If the dog is currently barking and in violation of 4-24.502:
Call the police department Communications Unit at (310) 379-2477 to request the response of an Animal Services Officer or a Police Officer.
An officer will respond to witness the violation, write a report, or provide you with a report form.
You cannot report this anonymously; the officer cannot be a victim of this infraction crime.
If the barking dog is an ongoing problem but not barking continuously in excess of five minutes per hour, you may:
Contact the Communications Unit at (310) 379-2477 to request the response of an Animal Services Officer or a Police Officer to discuss the problem with an officer and/or file a Barking Dog Report. The officer may take the report and submit it, or may leave a report with you to submit later depending on the circumstances.
Contact the Animal Services office at (310) 318-0611 during normal business hours to discuss the issue and obtain a Barking Dog Report by mail.
Download a Barking Dog Report here and submit it by mail to the Animal Services Unit, P.O. Box 270, Redondo Beach CA 90277
Animal Services office hours are Monday through Friday, 7:30 a.m. to 5:00 p.m. for your convenience.
City Hall and the Animal Services office are closed on alternate Fridays.
When may the dog owner receive a citation for the dog’s barking?
If the dog barks in violation of Redondo Beach Municipal Code 4-24.502
The dog barked in excess of the allowable time limit of five minutes in an hour.
Will the dog owner receive a citation immediately when the dog barks in excess of the five minutes per hour? If not, why?
No, a citation will generally not be issued immediately with the first complaint to the police department.
Most dogs that bark excessively are barking when the owner is not present at the residence.
The owner may not know about the dog’s behavior and that the violation is occurring.
A citation for a barking dog is for an infraction. It is a promise to appear in court.
An officer may not write this citation to a person that is not present to receive it and sign it.
The Police department attempts to notify the dog owner about the problem before proceeding with criminal prosecution.
If the dog owner is absent from the location when the violation occurs, they Police Department may have to notify and charge the dog owner by way of a letter of complaint.
The Police Department will serve the dog owner with a letter that provides them with the court date for arraignment.
Will I have to appear in court if the officer writes a citation for the dog’s barking? Why?
Yes, you and any witnesses to support your complaint will have to appear in court.
You must appear in court because you are the complainant mentioned in the law.
The Animal Services or police officer may be a witness to the dog’s barking in violation of the law, but you are the offended party.
The officer cannot be the victim for you.
What level of crime is a barking dog citation, and what can happen to the dog owner?
A citation or court filing for a violation of 4-24.502 is an infraction.
The dog owner or the owner of the property may have to pay a fine and comply with the orders of a judge or commissioner to correct the problem if they are found guilty.
The fines for an infraction increase for each new violation in the same twelve month period.
What are the differences between an infraction, misdemeanor and felony?
They are defined by Penal Code 17
Infractions are minor violations of the law.
Infraction: an infraction is not punishable by imprisonment. A person charged with an infraction:
Is not be entitled to a trial by jury
Is not entitled to have the public defender or other counsel appointed at public expense
Misdemeanor: a misdemeanor is punishable by incarceration in the County jail up to one year.
Every crime or public offense other than a felony is a misdemeanor except those offenses that are classified as infractions.
Felony: a felony is a crime which is punishable with death or by imprisonment in the state prison.
What are some other examples of infractions?
Some examples of infractions would be receiving a citation for:
Driving in excess of the speed limit
Failing to stop for a stop sign
Failing to obey a traffic no turn sign
Drinking an alcoholic beverage in public
Allowing your dog to defecate in a public place and failing to pick it up and dispose it.
Allowing your dog to run without a leash in a public place
Will the barking dog violation be handled with the same procedures as these violations above?
Yes and no.
The process for most of these infraction violations is that:
You receive a citation immediately if the officer believes that you committed the violation.
You sign the citation without admitting guilt and promise to appear at the court within ten to thirty days to plead guilty or not guilty.
You plead guilty and pay the violation fine, or you set your court date for a commissioner or judge to hear the case in another thirty to sixty days.
The process for issuing a dog barking violation may be different in that the dog owner may receive a notice to appear in court by letter instead of receiving a citation.
How many days might it be from the issuance of a citation or the charging by way of complaint to the day that I might have to testify in court?
It may be forty-five to ninety days due to the court process.
