"Financial Loss of work and affected quality of work"
It is now possible for the police or animal control to set up a webcam near the yard of any dog suspected of barking problematically. Then, if someone reports that a monitored dog is barking disruptively, the authorities can simple switch on their webcam monitor and see for themselves whether or not the animal is, in fact, barking. That's it, then, they have no more excuses left to them.
Do not include the following
The law Marin County
8.04.179 Prohibition of habitual animal noise which unreasonably disturbs the peace.
(a) Subject to the provisions of subsections (b), (c), (d) and (e) of this section, it is unlawful for any person to suffer or permit any dog, cat, fowl or other animal to habitually bark, yelp, howl or create noise in such a manner which unreasonably disturbs the peace of any person(s).
(b) Any person who shall keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection (a) of this section shall be guilty of an infraction for a first citable offense (and under subsection (e) be subject to fines pursuant to Section 1.05.030) and for a subsequent second citable offense of a misdemeanor as provided in Section 8.04.260(b). Any person found in violation of this subsection for a third or additional citable offense shall be guilty of a misdemeanor under 8.04.260(a). An animal kennel regulated by a use permit under the provisions of this code shall not be subject to the provisions of this section. This section shall not apply to customary animal noises of livestock, horses or other animals kept for agricultural activities in areas including but not limited to farms, ranches and stables which are zoned or legally permitted for such purposes.
(c) Except as otherwise provided in subsection (d) of this section, where the animal owner/guardian is present and available at a household, the sheriff will notify the keeper of the offending animal of the noise violation and direct that such violation be abated. If the sheriff receives a second complaint from any person within thirty days of the notice of complaint of an additional violation by the animal, then the sheriff may issue a citation provided there is probable cause to believe the noise has been continuous for half an hour or more. If an animal creates noise, but not to the extent of a half hour of continuous noise, and the owner/guardian is not present at home, the sheriff shall issue a written notice of complaint upon a first complaint that informs the owner/guardian that a further violation within thirty days of the notice of complaint may result in the issuance of a citation. Written notice of complaint shall be sufficient by securely posting the notice of the complaint upon the door of the household where the animal is kept. If the sheriff receives a second complaint from any person within thirty days of the notice of complaint of an additional violation by the animal, then the sheriff may issue a citation provided there is probable cause to believe the noise has been continuous for a half an hour or more. Whenever possible, the sheriff may recommend the services of county mediation to the complainant and the keeper of the animal as a means of resolving the animal nuisance noise. If mediation is refused by either party or is unsuccessful at the end of the thirty business days, then the matter shall proceed as if it were never referred to mediation.
(d) If the animal owner/guardian of the offending animal is unavailable, the sheriff may issue a citation with a first complaint if it is determined by the sheriff after investigation of the complaint and interview of the complainant that the noise created by the animal has persisted for one half hour or more and cannot be abated or quieted so that it continues to disturb the peace of the complaining person(s). If the noise created by the animal can be abated or quieted so that it does not continue to disturb the peace, such abatement or quieting shall be done and the sheriff shall issue a written notice of complaint upon a first complaint that informs the owner/guardian that a further violation within thirty days of the notice of complaint may result in the issuance of a citation. Written notice of complaint shall be sufficient by securely posting the notice of the complaint upon the door of the household where the animal is kept. If the sheriff receives a second complaint from any person within thirty days of the notice of complaint of an additional violation by the animal, then the sheriff may issue a citation provided there is probable cause to believe the noise has been continuous for a half an hour or more. The sheriff may in addition make a referral to animal services so an investigation may ensue as to whether the animal should be taken into protective custody. The animal may be taken into protective custody by animal services for animal owner/guardian abuse, neglect, or any other grounds within their authority. An animal placed under protective custody under this section may be redeemed by the owner/guardian provided there is presented to the animal services agency proof of the owner/guard-ian's identity and any required license certificate or license tag or other satisfactory proof of own-er/guardianship and by paying the charges referenced under Section 8.04.150 and the fees that may be established by separate ordinance of the board of supervisors in reference thereto.
(e) The owner/guardian of an animal taken into protective custody under this section shall be entitled to a hearing conducted by a hearing officer designated by the county administrator or his/her designee pursuant to the provisions of Section 8.04.122 of this chapter. The hearing shall be conducted for the purpose of determining whether the taking of the animal into protective custody was proper and whether the protective custody should continue. The hearing shall be held within ten business days following the taking of the animal into custody provided such own-er/guardian files a written request for a hearing with the sheriff within five business days following written notice. Unless the hearing officer otherwise determines, the owner/guardian is liable for all charges related to such taking of the animal into protective custody.
(f) Such repeated acts by an owner/guardian of allowing an animal to disturb the peace, as described by subsection (a) and subject to the limitations set forth in subsections (b), (c), and (d), shall constitute a public nuisance under the provisions of Marin County Code Section 1.05.020. Persons responsible for such disturbances may be held liable to the civil penalties set forth in Marin County Code Section 1.05.030.
(Ord. 3476 § 1 (part), 2007: Ord. 3377 § 1 (part), 2003)
1.05.030 Marin County Code violations--Civil penalties--Hearing officers.
A. Any person who violates any provision of the Marin County Code shall be liable for a civil penalty not to exceed two thousand five hundred dollars for each violation. After any person has been given notice that any act or failure to act is a violation of the county code, it shall be a separate offense for each and every day during any portion of which that person knowingly commits or permits additional acts constituting a violation of that provision of the Marin County Code. After such notice of the violation has been given to the person, a reasonable period of time shall be given to that person to correct or remedy the violation(s). This reasonable period of time shall not be less than ten days from the date the county issues a notice, other than the abatement hearing notice specified in Section 1.05.030D below, that any act or failure to act is a violation of the county code.
B. Any person who constructs or converts or allows a structure to be used for human habitation without a building, development or use permit required by any provision of the Marin County Code shall be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure, or, in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion or initiation of use.
C. Any person violating any of the provisions of this Code shall be liable to pay the county's total costs of enforcement, including charges for attorney's fees as set forth below. Pursuant to Government Code Section 25845(c), attorney's fees may be recovered by the prevailing party in any action brought under this chapter if the county elects at the initiation of the action to seek recovery of its own attorney's fees. For the purposes of this section the initiation of the action shall be the date of service of the notice to abate nuisance sent by the county pursuant to Section 1.05.040. Attorney's fees may be recovered by the county if the county is the prevailing party in an action brought under this chapter. If the person alleged to have violated this Code is the prevailing party, that person may recover their reasonable attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the county in the action.
D. The board of supervisors shall provide one or more hearing officers to conduct hearings, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to prepare a record of the proceedings, to issue enforcement orders with regard to violations of the county code or of specified chapters of the county code, and to provide for the recovery of enforcement costs, any civil penalties, and any other costs of abatement as a special assessment against the property on which the violation(s) occurred or as a personal obligation of the person committing or permitting the violation(s). Written notice of the hearing shall be provided at least fifteen days prior to the date of the first hearing. This written notice shall be given in accordance with the provisions of Section 1.04.190 to the person or persons alleged to have violated the county code, and to any other person known to own or possess the property.
(Ord. 3271 § 1, 1998; Ord. 3223 § 1 (part), 1996; Ord. 3186 § 1, 1994: Ord. 1539 § 1, 1966: prior Ord. 1508 § 1 (part), 1966)
1.04.190 Service of notices.
Whenever a notice is required to be given under this Code (unless different provisions are otherwise specifically made herein) such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(Ord. 1416 § 2 (part), 1965)
AFFECTED WORK, THE ENJOYMENT OF PROPERTY, EMOTIONALLY STRESS. suffering from chronic exhaustion
Show how it affects you and your work, your sleep, your emotional stress etc...
The barking is costing you your mental health, and your physical health too, .
your quality of life is devastated and the health and well being of your family is imperiled, that you could turn to your local police and animal control departments and get timely relief from the ongoing torment. http://barkingdogs.net/barkinglaws.shtml
· The disruption of sleep is impacting the health and well being and your ability to function and make a living. (In that regard, a letter from the family doctor and any other relevant documentation you can provide may help your case.)
DEALING WITH NOISY NEIGHBOR
My battle with a dog barking nuisance...
On the Value of Informational Letters and Letters Threatening Legal Action
Chapter 8.13 - NOISE (San Rafael Ordinance)
8.13.010 - Declaration of policy.
It is hereby declared to be the policy of the City of San Rafael, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Rafael from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this chapter and the remedies contained in this code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the city's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the city.
(Ord. 1789 § 3 (part), 2002).
8.13.020 - Definitions.
For the purposes of this chapter, certain terms are defined as follows:
A." 'A'-Weighted Sound Level (dBA)" means a decibel scale that approximates the way the human ear responds to various acoustic frequencies.
B."Commercial property" means property zoned for commercial, office, marine, marine commercial, or water uses, as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as planned development where the principal use is commercial, marine, marine commercial, or water use.
C."Constant" noise means a continuous noise produced where there is no noticeable change in the level of the noise source. Examples would include such noises as those associated with air conditioners and pool equipment.
D."Daytime" for purposes of this chapter means the period between seven a.m. (7:00 a.m.) and nine p.m. (9:00 p.m.) Sunday through Thursday and between seven a.m. (7:00 a.m.) and ten p.m. (10:00 p.m.) on Friday and Saturday.
E."Decibel" means the measurement unit used for the level of sound/noise.
F."Holidays" mean those holidays designated as federal holidays and the day after Thanksgiving.
G."Industrial property" means property zoned for industrial or light industrial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as planned development where the principal use is industrial or light industrial.
H."Intermittent" noise means repetitive noises where there is a distinction between the onset and decay of the sound. Examples would include hammering and dog barking.
I."Mixed use property" means property zoned for both residential and for office and/or commercial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14.
J."Multi-family residential structure" means any dwelling structure where two or more dwellings are separated by a common wall, floor, or ceiling, including but not limited to apartments, condominiums and townhouses.
K."Nighttime" for purposes of this chapter means the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.
L."Noise level" means the maximum constant or intermittent sound level produced by a source or group of sources as measured with a sound level meter using fast response and "A"-weighting. In order to measure a noise level, the controls of the sound level meter should be arranged to the setting appropriate to the type of noise being measured.
M."Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."
N."Property plane" means a vertical plane including the property line that determines the property boundaries in space.
O."Public property" means property zoned for public/quasi-public or parks/open space use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or the San Rafael City Plaza, or any public street, right-of-way, or easement.
P."Residential power equipment" means any mechanically powered saw, sander, drill, grinder, leaf blower, lawnmower, hedge trimmer, edger, or any other similar tool or device, when used in or on any residential property.
Q."Residential property" means property zoned for residential use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned for mixed use or as planned development where the principal use is residential.
(Ord. 1789 § 3 (part), 2002).
8.13.030 - Loud or unusual noises prohibited.
No person shall maintain, emit or make, or cause, suffer or permit to be maintained, emitted or made, any noise or sound produced by human, animal, mechanical or other means, which by reason of its raucous or nerve-wracking nature, shall disturb the peace or comfort or be injurious to the health of any person or persons; and such a noise or sound may be deemed in violation of this section regardless whether it is found to be within the noise limits established elsewhere in this chapter for the location or type of noise or sound.
(Ord. 1789 § 3 (part), 2002).
8.13.040 - General noise limits.
Subject to the exceptions and exemptions set forth in Sections 8.13.050 and 8.13.060 of this chapter, the general noise limits set forth in this section shall apply. A summary of the general noise limits set forth in this section is set forth in Table 8.13-1. Where two or more noise limits may apply, the more restrictive noise limit shall govern. For purposes of determining sound levels from any source of sound, a sound level measurement shall be made at any point on any receiving private or public property. Notwithstanding the foregoing, in multi-family structures, the microphone shall be placed no closer than 3-˝ feet from a wall through which the source of sound at issue is transmitting, and shall also be placed five (5) feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall. Sound level measurements shall be made with a sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for intermittent sound. Slow or fast response may be used for constant noise sources. For intermittent sound, the one second rms maximum level (Lmax) shall be used. For constant sound, the average level (Leq) shall be used.
A.Residential property noise limits.
1.No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than the following, when measured on any residential property:
2.No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than the following, when measured on any mixed use property:
3.No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, within the interior of a multi-family residential structure, a noise level greater than the following, when measured through a common interior partition (wall, floor or ceiling) from any other interior location:
B.Commercial property noise limits.
No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than sixty-five (65) dBA intermittent or fifty-five (55) dBA constant, when measured on any commercial property.
C.Industrial property noise limits.
No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than seventy (70) dBA intermittent or sixty (60) dBA constant, when measured on any industrial property.
D.Public property noise limits.
No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level, when measured on any public property, that is greater than the most restrictive noise standard applicable under this chapter to any private property adjoining the receiving public property.
TABLE 8.13-1—GENERAL NOISE LIMITS
(Ord. 1789 § 3 (part), 2002).
8.13.050 - Standard exceptions to general noise limits.
The following standard exceptions to the provisions of Section 8.13.040 shall be allowed as of right, to the extent and during the hours specified. A summary of the standard exceptions provided in this section is set forth in Table 8.13-2.
Construction. Except as otherwise provided in subsection B of this section, or by the planning commission or city council as part of the development review for the project, on any construction project on property within the city, construction, alteration, demolition, maintenance of construction equipment, deliveries of materials or equipment, or repair activities otherwise allowed under applicable law shall be allowed between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the project shall not exceed ninety (90) dBA. All such activities shall be precluded on Sundays and holidays. Violation of the foregoing may subject the permittee to suspension of work by the chief building official for up to two (2) days per violation.
For any construction project involving the construction of one or more new buildings or residences within the city, or when required by the planning commission or city council as part of their development review for the property, the property owner or occupant shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter.
1.Said sign(s) shall be posted in a conspicuous place visible from the public right-of-way near the entrance to the job site, at least five feet (5') above ground level, and shall be of a white background, with legible black lettering, which lettering shall be a minimum of one and one-half inches (1 1/2") in height.
2.Said sign shall read as follows (or as consistent with other hours approved by the planning commission or city council):
Noise level at any point outside of the construction property plane shall not exceed ninety (90) dBA.
Violation of the construction hours and noise limits may be enforced as either an infraction or a misdemeanor punishable by fines or jail time or both, or by an administrative citation with a fine, or by a civil action with a monetary penalty, injunction and/or other remedies, as provided in Chapter 1.42 of this code. In addition, the chief building official may issue a stop work order requiring suspension of work for up to two (2) days per violation.
B.Residential Power Equipment and Construction Activities by Residential Property Owners. Residential power equipment, and construction activities undertaken by residential property owners to maintain or improve their property, shall be allowed between the hours of eight a.m. (8:00 a.m.) and eight p.m. (8:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, Sundays and holidays, providing such equipment and/or activities do not produce a noise level that exceeds ninety (90) dBA beyond the property plane of the property on which the equipment is being used or the activity is occurring. For purposes of this subsection, "construction activities undertaken by the residential property owner" shall include work personally done by the property owner(s) and by a family member, friend or other persons assisting the property owner(s).
C.Sound Performances; Sound-Generating Devices. Notwithstanding anything in this chapter to the contrary, on public property or any other open area to which the public has access, whether publicly or privately owned, sound-generating devices or instruments used for any indoor or outdoor sound performances, athletic events, and special events shall be permitted, provided they do not exceed a noise level of eighty (80) dBA measured at a distance of not less than fifty feet (50') from the property plane or such other limit as may be established by any required approvals and permits therefor obtained from the appropriate governmental entity. Except pursuant to an approved special event, street closure or parade permit, the use of any sound-generating device or instrument for such performances or events between the hours of ten p.m. (10:00 p.m.) and ten a.m. (10:00 a.m.) is unlawful.
D.Refuse Collection. Refuse collection activities shall be permitted as specified in this section, provided they do not produce a noise level in excess of ninety-five (95) dBA measured at a distance of twenty-five feet (25') from the activity:
1.Residential or mixed-use property: between the hours of six a.m. (6:00 a.m.) and nine p.m. (9:00 p.m.), Monday through Saturday;
2.Industrial or commercial property: between the hours of four a.m. (4:00 a.m.) and nine p.m. (9:00 p.m.) daily.
TABLE 8.13-2 - STANDARD EXCEPTIONS TO GENERAL NOISE LIMITS
(Ord. 1838 § 7, 2005; Ord. 1789 § 3 (part), 2002).
8.13.060 - Exceptions allowed with permit.
A.In addition to the standard exceptions permitted pursuant to Section 8.13.050 of this chapter, the director of community development or his designee may grant a permit allowing an exception from any or all provisions of this chapter where the applicant can show that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, or that no public detriment will result from the proposed exception. Any such permit shall be issued with appropriate conditions to minimize the public detriment caused by the permitted exceptions. Any such permit shall be of such duration, as approved by the director of community development or his designee, up to a maximum period of six (6) months, but shall be renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. At the discretion of the director of community development or his designee, an exception permit may be issued and reissued for successive short periods of time in order to allow monitoring of the adverse noise impacts of the excepted activity, and additional conditions may be imposed upon reissuance of the permit, if the director of community development or his designee determines that such additional conditions are necessary to mitigate noise impacts from the excepted activity to a level he deems acceptable under all the circumstances.
B.Any application for an exception permit under this section shall be accompanied by a fee to be set by resolution of the city council.
C.Prior to granting any permit under this section, the director of community development or his designee shall provide at least ten (10) calendar days' written notice to all property owners within three hundred feet (300') of the property for which the application is made, and shall consider any objections to the granting of such permit received before issuance of the permit.
D.Any person aggrieved with the decision of the director of community development or his designee may appeal to the city council, by writing filed with the city clerk within five (5) business days after the date of such decision; however, such decision shall not stay the effective date of the permit.
(Ord. 1838 § 8, 2005; Ord. 1789 § 3 (part), 2002).
8.13.070 - Exemptions.
The following shall be exempt from the provisions of this chapter:
A.Aerial warning devices which are required by law to protect the health, safety and welfare of the community;
B.Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to an emergency, or necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm;
C.Aviation, railroad, and public transit operations;
D.The operation of any municipal or public utility vehicles;
E.Public safety training exercises conducted between the hours of eight a.m. (8:00 a.m.) and eight p.m. (8:00 p.m.);
F.Uses established through any applicable discretionary review process containing specific noise conditions of approval and/or mitigation measures;
G.Work on capital improvements, or repairs on public property by employees or contractors of the city;
H.Vehicle noise subject to regulation under the California Vehicle Code;
I.Emergency repair work performed by, or at the request of, a property owner on his or her private property, where the delay required to obtain an exception permit under this chapter would result in substantial damage, personal injuries, or property loss to the owner, provided that such emergency work shall be subject to such reasonable conditions as may be imposed by authorized city employees to mitigate the noise level of the activity.
(Ord. 1789 § 3 (part), 2002).
8.13.080 - Violations, penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law.
(Ord. 1789 § 3 (part), 2002).