In order to assist residents and animal owners in resolving the problem of animal noise nuisances, an explanation of the process and procedures followed by the Manhattan Beach Police Department Animal Control Officers is offered.

Step 1:  When Animal Control receives a complaint of an animal noise nuisance, an Animal Control Officer will leave a "Complaint Notice" at the residence of the indicated animal.  If no additional complaints are received within 30 days, this is the end of the process.

Step 2:  If another complaint on the same animal noise nuisance is received more than 24 hours after the first complaint was received, but no more than 30 days after the first complaint was received, then an Animal Control Officer will serve a "7-Day Notice to Comply" on the animal owner/resident. If the noise is controlled within 7 days and no more complaints are received within 30 days, this is the end of the process.

Step 3:  After the "7-Day Notice to Comply" has been served to the animal owner/resident and 7-Days has elapsed, if the animal continues to create a noise nuisance, Animal Control will provide the complaining party with a "Barking Dog Incident Report/Petition (BDIR)" to complete and log the dates and times the animal makes noise.  This petition must be signed by at least one other complaining party from a different household.  The complaining party must submit the original white copy of the BDIR to the City Prosecutor's Office, and the yellow copy to the Parking and Animal Control Division when the petition is completed.

Step 4:  The BDIR will be referred to mediation for a period of no longer than 30 days.  If a resolution can not be reached within this time frame, the mediator will refer the complaint back to the City Prosecutor's office.  The Deputy City Prosecutor will set an informal hearing to attempt to resolve the animal noise nuisance.  If this is not successful, the Deputy City Prosecutor has the authority to prosecute the animal owner under MBMC 5.01.280, 290, and/or 300, and may set a date for court appearance.

Note:  There are three different forms/reports used by Animal Control Officers and Residents to enforce animal noise nuisance complaints.

• Complaint Notice (Issued by Animal Control Officers)
• 7-Day Order to Comply (Issued by Animal Control Officers)
• Barking Dog Incident/Petition (BDIR)  (Provided by Animal Control Officers and filled out by the Complaining Party)

To report an animal noise nuisance, please call the 24/7 Parking and Animal Control dispatch at (310) 802-5159.  For more information, please contact the Parking and Animal Control (PACs) Office.

Relevant Manhattan Beach Municipal Code Sections

5.01.280 MBMC

Any animal or animals which molest passersby or passing vehicles, attack other animals, trespass on school grounds, is repeatedly at large, damages, and/or trespasses on private or public property, bark, whines, or howls in an excessive, continuous, or untimely fashion, shall be considered a public nuisance.

Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance to exist thereon, after reasonable notice in writing from the Animal Aid Department of the City of Manhattan Beach has been served upon such person, is guilty of a misdemeanor and shall be punished accordingly; and the existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense, and shall be prosecuted accordingly.

5.01.290 MBMC

If there are two (2) complaints filed with the City by two (2) individuals from separate residences or businesses regarding a violation of the Public Nuisance Section of this ordinance, the City may file a complaint against the alleged violator and direct the District Attorney to proceed with criminal action.

5.01.300 MBMC

No person shall keep, maintain, or permit on any lot, parcel of land, or premises under his control, any animal which by sound or cry shall repeatedly and unreasonably disturb the peace and comfort of at least two different families or of the inhabitants of the neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property.