Articles
Habitual Dog Barking in San Mateo County
By: Owen Chen
Updated: December 17, 2022
Disclaimer:
I am not a lawyer. This article is general information and not legal advice. Consult a qualified legal professional for your specific situation. No liability is assumed for any consequences resulting from using this information.
Ordinance Code 4.88.350
Notwithstanding any other provision of this ordinance, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued any unreasonably loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any person of normal sensitivity residing in the area. The factors which shall be considered in determining whether a violation of the provisions of this section exist include the following:
a) The sound level of the objectionable noise.
b) The sound level of the background noise.
c) The proximity of the noise to residential sleeping or hospital facilities.
d) The nature and zoning of the area from which the noise emanates and upon which the noise impacts.
e) The number of persons affected by the noise sources.
f) The time of day or night the noise occurs.
g) The duration of the noise and its tonal, informational, or musical content.
h) Whether the noise is continuous, recurrent, or intermittent.
i) Whether the noise is produced by a commercial or non-commercial activity.
What are the rules regarding habitual dog barking?
According to the San Mateo Municipal Code 8.02.070(c) dog barking is prohibited when it occurs habitually, which means repeatedly occurring over several days for 5 minutes or more per day (as defined by the San Mateo Police Department).
How should I prepare to submit a complaint?
Maintain a log of 8 or more instances of dog barking over a 1 month period with the specific date, start time, stop time, your address, and location of the barking. Additionally, you try to provide some form of evidence that the dog was not barking for a valid reason.
You should find a neighbor who can provide witness verification in the form of a signed declaration (if the witness is found to be lying, they may be charged with perjury) to confirm at least 5 incidents of habitual dog barking with specific dates.
Send and keep a copy (as proof) of two courtesy cards notifying the dog owner of at least 8 instances of habitual barking through certified mail with the return receipt requested.
You have attempted private mediation or arbitration, which was refused by the neighbor or failed to resolve the issue.
How can I submit a complaint?
Send all of the prepared materials to the San Mateo Police Department. If the requirements are not all met, the police department will not do anything. If the requirements are met, the department will formally request that the problem be solved within 5 business days (charges will be filed if the problem is still unresolved afterwards). If you filed the complaint, the police should also send you a letter notifying you of the action taken to resolve the problem.
Additional Resources:
https://www.cityofsanmateo.org/DocumentCenter/View/2309/Barking-Dog-Information-Packet