#Law Reform
Target:
Pima County, Arizona
Region:
United States of America
Website:
www.quietarizona.org

'Quiet Pima County' is an advocate/support group for all unfortunate people who suffer from the adverse effects of incessant dog barking. Our main objective is to change the laws and to sensitize law enforcement to the plight of chronic noise sufferers, as well as their own obligation to protect the public health.

Uncontrolled or excessive noise from dogs is detrimental to the physical mental and social well being of the residents of Pima County. Uncontrolled and particularly incessant barking of dogs or the making of noises from other animals can result in stress to people who are within audible range of such noise. Such stress can and does adversely affect the health of such individuals and interferes with the peaceable enjoyment of the property on which they reside.

The purpose of this Ordinance is to promote the public health safety and welfare by making it unlawful to permit an animal to create such an offensive situation by barking or otherwise creating detrimental noise.

Any person who keeps, owns or harbors a dog(s) shall be required to restrain the dog(s), whether inside or outside of the owner's or guardian's property, from prolonged, continuous and unwarranted barking and howling any time of the day or night, so as not to annoy or disturb any neighboring resident.

Complaints made by a resident or person who suffer from this type of noise may be made to PACC or, in the case of non-operating hours of PACC, such complaints may be made to law enforcement.

Law enforcement, in receiving such complaint, shall dispatch an officer to the location of the barking dog, the officer shall attempt to contact the owner or leave a written and photographed notice of the offense at the location of the owner or guardian of said dog(s).

If the owner or guardian of said dog(s) which has engaged in an activity prohibited by this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation.

A notice of the police response shall be forwarded to the PACC on the next regular day of operation. Neither Law Enforcement or PACC shall reveal the identity of the complainant to the accused unless such is required by court action. The complainant may request an officer be dispatched to their home to authenticate the complaint.

In case a barking dog complaint is received during regular hours of PACC, Law Enforcement shall refer the complainant to the PACC. PACC shall cause investigation of the complaint and notify the owner or guardian of said dog(s) and if necessary notify landowner regarding the complaint and shall advise said person and landowner that subsequent violations shall lead to further action.

In case a second barking dog complaint is received and is authenticated, law enforcement or PACC shall issue a citation to the owner or guardian of said dog(s) and if necessary to landowner. Citation may be hand delivered or sent by certified mail, return receipt requested. Owner or guardian of said dog(s) has 5-7 business days from receivership of hand delivered or certified letter to enter plea. Plea made be made by phone, e-plea or personal visit to issuing authority. Failure to respond will result in a bench warrant being issued. Owner or guardian of said dog(s) that enter a guilty plea will be fined $350.00, OR enroll in dog obedience training classes, at owners-guardians expense. If owner or guardian of said dog(s) elects the latter, the fine of $350.00 will we waived. If owner or guardian of said dog(s) enter a Not Guilty plea, issuing authority is to notify complainant only if complainant’s testimony is required. I complainant fears for their safety arrangements will be made by the court to protect them at all cost.

In case a third barking dog complaint is received and authenticated, Law enforcement or PACC shall abate the nuisance created by a dog howling or barking in violation of this section. Law enforcement or PACC may enter the yard and may seize any such dog(s) from the yard where the violation is occurring. Notice of seizure shall be posted and photographed if the officer or PACC is unable to contact the owner. Owner or guardian will be held responsible for all impoundment, veterinary, law enforcement, PACC fees where applicable. Owner or guardian shall be issued a citation for violation of this section, including an injunction to prevent future violations. If owner or guardian of said dog(s) unable to afford fees described above, owner or guardian has the option of relinquishing ownership of said dog(s) to PACC or having a lien placed on the property.

In case a fourth barking dog complaint is received and authenticated, Law enforcement or PACC shall abate the nuisance created by a dog howling or barking in violation of this section. Law enforcement or PACC may enter the yard and may seize any such dog(s) from the yard where the violation is occurring. Notice of seizure shall be posted and photographed if the officer or PACC is unable to contact the owner. A Warrant for the arrest of Owner or guardian will be issued for violation of injunction. All fines, the inability to posses future animals, incarceration will be determined by the Pima County Justice Court.

The Quiet Pima County petition to Pima County, Arizona was written by QuietPimaCounty and is in the category Law Reform at GoPetition.