(Mission Times Courier, San Diego, CA) - By Officer Christina Burhans, San Diego Police Department Eastern Division

E-mail: AskTheCop@MissionTimesCourier.com

Q: My neighbors have a fenced front yard. Each morning, including weekends, they let the dogs out into this yard where they bark at anything and everything. I don’t mind so much Monday through Friday, but 7:00 a.m. on Sunday is too much. Isn’t there an ordinance prohibiting barking so early on weekends?

A: Although there are sections of the San Diego Municipal Code and California Penal code prohibiting disturbing the peace, these codes do not address issues involving an animal.

For a situation like this, I would suggest talking to your neighbor first. The next time the dogs begin to bark use this as an opportunity to talk to your neighbor.
Explain that the dogs’ behavior is annoying, and the reason for your visit is to discuss potential solutions. Over time, some noises like a barking dog can become familiar to a person and therefore are not considered annoying to them. So the owner of these dogs may not be aware of the problem and may not know how to address it. So be tactful.

Once you have discussed your concerns with your neighbor give the problem some “time” to resolve itself. Lastly, acknowledge the small successes and understand the problem may not be solved overnight.

If you are not able to resolve this situation with your neighbor you can file a complaint with Neighborhood Code Compliance. Complaints regarding excessive barking can be made to Neighborhood Code Compliance at (619) 236-5500. Once a complaint is received, a compliance letter is sent to the resident. Note that two immediately adjacent neighbors or three non-adjacent neighbors (in close proximity) are required to sign the complaint forms to establish a violation if enforcement action is to proceed beyond an initial notice.

For this very reason, I would suggest trying to work on this issue with your neighbor first. Although the dogs’ barking is annoying to you, it may not be annoying to the two immediately adjacent neighbors, and therefore no violation and/or enforcement can take place.