Filing a Noisy Animal Complaint
If you are experiencing ongoing noise issues from an animal, this guide explains the legal process required under Ordinance 878 to address the problem.
Important: This is not an anonymous process. All paperwork must be signed under penalty of perjury, and both parties will receive copies of all documentation.
The Complaint Process
Step 1: File Your Complaint. Submit a Declaration of Noisy Animal form by mail, fax, email, or hand delivery. You have one year from the incident date to pursue further action.
Step 2: Warning Notice. The department will mail a Warning Notice to the animal owner and a Confirmation letter to you. Both parties should receive their notices on the same day.
Step 3: Wait Period. The animal owner has 5 days from receipt of the warning notice to address the noise issue.
Step 4: Request Hearing (if needed). If the noise continues after 5 days, you may request an administrative hearing by submitting a Petition for Hearing form. This must be returned within 10 days to secure your hearing date.
Step 5: Administrative Hearing. Both parties attend the hearing and present evidence. The Hearing Officer reviews all evidence and issues a ruling within 3 business days.
Step 6: Ruling and Enforcement. If the case is upheld, the animal owner has 5 days to make required corrections. If they fail to comply, enforcement action can begin.
Key Timelines
| 1 year | Time limit to file initial complaint from incident date. |
| 5 days | Animal owner has this time to address noise after warning notice. |
| 10 days | Deadline to submit Petition for Hearing form. |
| 10-30 days | Hearing will be scheduled within this timeframe. |
| 5 days | Time given to comply with upheld order. |
Frequently Asked Questions
Why can't an Animal Control Officer investigate my first complaint?
Ordinance 878 requires that an animal be deemed a nuisance through an administrative hearing before enforcement can occur. Animal Control Officers need an administrative order to legally enforce barking violations.
Can I file an anonymous complaint?
No. All paperwork must be signed under penalty of perjury, which cannot be done anonymously. Both parties receive copies of the complete case file, and hearings are open to the public with both parties present.
Do I have to attend the hearing?
While you can submit a notarized statement instead of attending, this is not recommended. In-person testimony is generally more effective.
Can I bring witnesses or witness statements?
Yes. Hearings are public, and you can bring witnesses with relevant information. Written statements from witnesses who cannot attend must be notarized.
Can I submit additional evidence after the hearing?
No. All evidence must be presented during the hearing. No additional materials will be accepted afterward.
Can I choose my hearing date and time?
No. The hearing officer is not a department employee and provides available dates. The department cannot accommodate specific scheduling requests except for extenuating circumstances (such as documented out-of-state travel).
What happens if my case is dismissed?
You cannot file another complaint for the same issue for one full year.
What if the animal owner doesn't comply with an upheld order?
Contact the department to request enforcement. An Animal Control Officer will visit the property with the order and may issue citations for non-compliance.
Can the decision be appealed?
Only the animal owner can appeal an upheld order through Superior Court. Complainants cannot appeal dismissed cases but may pursue civil action in Superior Court if the owner continuously refuses to comply.
Noisy Animal Complaint Form
Before You Begin
Consider documenting the noise incidents with dates, times, and descriptions. This documentation will be valuable evidence if your case proceeds to a hearing. Remember that this process requires your active participation and may take several weeks to complete.
For forms and additional information, contact the Animal Services Department directly at [email protected].