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Ordinance - 1271ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING SECTION 4308.2 TO THE WEST COVINA MUNICIPAL CODE, RELATING TO BARKING DOGS, AND DECLARING THE URGENCY THEREOF TO TAKE EFFECT IMMEDIATELY. • The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 4308.2 is added to the West Covina Municipal Code to read: "4308.2 BARKING DOG. NOISE. It shall be unlawful for any person having charge, care, custody or control of any dog to permit such dog to emit such excessive noise which is disturbing or offensive after the City Poundmaster or the Chief of Police has issued written notice directing said owner or custodian to abate the disturbing or excessive noise. The City Poundmaster or the Chief of Police shall enforce this section as follows: (a) Complaints must be submitted in writing and shall include the name, address and telephone number of the com- plainant as well as the address of the dog owner or custodian and a description of the noise. (b) Upon receiving a written complaint involving a whining, barking, howling or similar dog noise, the City Poundmaster or the Chief of Police shall cause the following to be performed: • 1. Issue notice of noise complaint to the dog owner or custodian advising such person of the alleged noise and requesting immediate steps be taken to abate the dog noise. The notice shall adequately describe, the noise complained of to assist the owner in recog- nizing and correcting the problem and shall suggest proper methods of training the dog not to bark without reason. 2. If a second complaint is received, the City Poundmaster or the Chief of Police shall issue a notice advising the dog owner or custodian of the complaint and directing the owner or custodian to abate the noise complained of. The notice shall contain a pro- vision that within five days of receipt thereof, the dog owner or custodian may request a meeting with a representative of the City Poundmaster or the Chief of Police to discuss the notice of abatement and the City Poundmaster or the Chief of Police shall request both the complainant and the dog owner or custodian to appear before the representative to discuss and, if possible, to resolve the problem. If the problem is not resolved, the City Poundmaster or the Chief of Police shall conduct an investigation to determine . whether the excessive dog noise has been abated and, if it has not, each additional occurrence of the noise shall constitute a violation of this section." SECTION 2. The enactment of this ordinance is necessary for the protection of the public peace, health and safety and it shall be effective immediately upon its adoption. The facts giving rise to the urgency thereof are as follows: There is no legislation either at the State or City level which enables the City and its law enforcement officers to control or regulate the nuisance caused by barking dogs. The protection of the public peace and quiet of residential neighborhoods- requires that • this ordinance be effective immediately. SECTION 3. This ordinance shall become effective immediately upon its adoption. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 28th day of July , '1975. Attest: J City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) "jN Mayor I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1271 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of July , 1975. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of July 1975, by the following vote, to wit: • AYES: Councilmen: Shearer, Miller, Browne, Tice, Chappell NOES: Councilmen: None ABSENT: Councilmen: None City 'lerk APPROVED AS TO FORM: ity Attorney -2-