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ORDINANCE NO.

135021
An ordinance amending Section 53.63 of Article 3, Chapter 5 of the Los Angeles
Municipal Code (LAMC) deleting specific time requirements for excessive dog barking,
adding factors that the Department may use to determine whether the barking
constitutes excessive noise and clarifying that a second complaint for excessive barking
may only be filed 15 days or more after the date of issuance of a written notice from the
Department to the dog owner.

THE PEOPLE OF THE CITY OF LOS ANGELES


DO ORDAIN AS FOLLOWS:

Section 1. The first paragraph of Section 53.63 of Article 3 of Chapter V of the


Los Angeles Municipal Code is deleted and replaced to read as follows:

It shall be unlawful for any person (hereinafter in this section referred to as the
owner) to permit any dog or dogs under his or her charge, care, custody or control to
emit any excessive noise after the Department has issued a written notice to the owner
of the dog or dogs emitting the alleged excessive noise and after the procedures as set
forth below have been followed. For purposes of this section, the term excessive
noise shall mean noise which is unreasonably annoying, disturbing, offensive, or which
unreasonably interferes with the comfortable enjoyment of life or property of one or
more persons occupying property in the community or neighborhood, within reasonable
proximity to the property where the dog or dogs are kept. Factors that the Department
may use to determine whether the barking is excessive may include, but are not limited
to, the following: (i) the nature, frequency and volume of the noise; (ii) the tone and
repetitiveness; (iii) the time of day or night; (iv) the distance from the complaining or
affected party or parties; (v) the number of neighbors affected by or complaining about
the noise; (vi) any other relevant evidence demonstrating that the barking is unduly
disruptive; and (vii) whether the dog is being provoked. The provisions of this section
shall not apply to any commercial animal establishment permitted by zoning law. The
Department is responsible for enforcement of the provisions of this section as follows:

Sec. 2. Subdivision 1 of Subsection (a) of Section 53.63 of Article 3 of Chapter V


of the Los Angeles Municipal Code is amended to read as follows:

1. Upon receiving a written complaint involving excessive


noise, the Department shall issue a written notice to the owner advising
the owner of the noise complaint and requesting immediate abatement.
The written notice shall describe the excessive noise factors that form the
basis of the complaint.

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Sec. 3. Subdivision 1 of Subsection (b) of Section 53.63 of Article 3 of Chapter V
of the Los Angeles Municipal Code is amended to read as follows:

1. If, after 15 days from the issuance of the written notice pursuant to
Subsection (a) above, a second complaint is received from the complainant
along with a written complaint from an additional complainant residing in a
separate residence within reasonable proximity to the dog(s), the Department
shall, by written notice, require the complainant or complainants and the owner of
the dog or dogs to appear at a meeting before a Department representative to
discuss possible ways to resolve the problem. The Department may proceed
with a meeting based on a second complaint from only one complainant if the
Department determines that the noise affects that complainant. If the problem
remains unresolved, the matter shall be set for hearing as provided by Section
53.18.5.

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Sec. 4. The City Clerk shall certify to the passage of this ordinance and have it
published in accordance with Council policy, either in a daily newspaper circulated
in the City of Los Angeles or by posting for ten days in three public places in the City of
Los Angeles: one copy on the bulletin board located at the Main Street entrance to the
Los Angeles City Hall; one copy on the bulletin board located at the Main Street
entrance to the Los Angeles City Hall East; and one copy on the bulletin board located
at the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of
Los Angeles, at its meeting of JUN 2 Q 2017_ _ _ _ _ _

HOLLY L. WOLCOTT, City Clerk

By
V Deputy

Approved JUN 2 3 2017


/
^ Mayor

Approved as to Form and Legality \


MICHAEL N. FEUER, City Attorney

By
DOV S. LESEL
Assistant City Attorney

Date i I V / (o

File No. CF 14-0681

M:\GENERAL COUNSEL DIVISION\ORDINANCES AND REPORTS\ORDINANCES - FINALVBARKING DOG NOISE - LAMC


53.63 docx

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DECLARATION OF POSTING ORDINANCE

i, JUAN VERANO, state as follows: I am, and was at all times hereinafter mentioned, a

resident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City

of Los Angeles, California.

Ordinance No.185021 - Amending the Los Angeles Municipal Code Section 53.63 in regard to

barking dog noise reguirements - a copy of which is hereto attached, was finally adopted by the

Los Angeles City Council on June 20, 2017, and under the direction of said City Council and the City

Clerk, pursuant to Section 251 of the Charter of the City of Los Angeles and Ordinance No. 172959

on June 27, 2017 I posted a true copy of said ordinance at each of the three public places located in

the City of Los Angeles, California, as follows: 1) one copy on the bulletin board located at the Main

Street entrance to the Los Angeles City Hall; 2) one copy on the bulletin board located at the Main

Street entrance to the Los Angeles City Hall East; 3) one copy on the bulletin board located at the

Temple Street entrance to the Los Angeles County Hall of Records.

Copies of said ordinance were posted conspicuously beginning on June 27, 2017 and will be

continuously posted for ten or more days.

I declare under penalty of perjury that the foregoing is true and correct.

Signed this 27th day of June 2017 at Los Angel California.

^T7
Juan Verano, Deputy City Clerk

Ordinance Effective Date: August 6, 2017 Council File No. 14-0681