HomeMy WebLinkAboutMINUTES - 09201994 - 1.63 1.57 through 1.63
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
P
Adopted this Order on September 20, 1994, by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
------------------------------------------------------------------------------
------------------------------------------------------------------------------
SUBJECT: CORRESPONDENCE
Item No.
1.57 LETTER dated August 29, 1994,from M.L. Cohen,M.D.,President,Alameda-Contra Costa
Medical Association, P.O. Box 2895, Oakland 94618, offering to assist in developing a
cooperative arrangement between the County and the local medical community which would
enhance access to the County health system while utilizing health care resources in the
community.
***REFERRED TO HEALTH SERVICES DIRECTOR
1.58 LETTER dated September 6, 1994, from L. J. Dow, Vice Chair, Citizens United, 2232
Concord Drive,Pittsburg 94565,requesting the Board to enforce the Condition of Approval
No. 11.1 of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND COUNTY
ADMINISTRATOR to report to the Board on September 27, 1994, the letter from
Citizens United, requesting the Board to enforce the Condition of Approval No. 11.1
of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company.
1.59 LETTER dated September 7, 1994, from the Coalition for a Healthy California, 5770
Wilshire Boulevard, Suite 561, Los Angeles 90036, urging the Board to adopt a resolution
in opposition of Proposition 188, the California Uniform Tobacco Control Act, on the
November 8, 1994, Ballot. (CONSIDER WITH AGENDA ITEM NO. S.1)
1.60 LETTER dated August 25, 1994,from Frances Wage, 3142 Sheffield Place,Concord 94518,
commenting on the Mental Health Commission Housing Report.
***REFERRED TO MENTAL HEALTH DIRECTOR
1.61 RESOLUTION adopted by the Board of Supervisors, County of Lassen, 707 Nevada Street,
Susanville 96130,urging the State of California to apply for exemptions allowed by the U.S.
Environmental Protection Agency under the new landfill regulations covered by Subtitle D.
***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC
DEVELOPMENT AGENCY
r
Correspondence for September 20, 1994 Page 2
1.62 LETTER dated September 11, 1994, from R. Rodriguez, 1894 Cannon Drive, Walnut Creek
94596,relating to actions of the Housing& Community Development Advisory Committee.
***REFERRED TO INTERNAL OPERATIONS COMMITTEE
1.63 LETTER dated September 12, 1994, from Z. Johnson, 544 El Rio Road, Danville 94526,
regarding animal noise and the nuisance complaint form
***REFERRED TO ANIMAL SERVICES DIRECTOR FOR RESPONSE
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su lepra o the d e shown.
ATTEST HIL BA OR.Clerk of the Board
of 94mvism and county Administrator
9y jur LQAA, .Deputy
cc: Correspondents
County Administrator
Internal Operations Committee
Health Services Director
Community Development Director
Mental Health Director
Animal Services Director
Director, Growth Management and Economic Development Agency
September 12, 1994 RECEIVED
SSP 13 19914]Board of Supervisors CLERK BOARD of SUPERVISORS
651 Pine St., Rm 106 CONTRA COSTA Co.
Martinez, Ca 94510
Re: Article 416-12,201 Animal Noise
Dear Board of Supervisors:
I have been having a problem with my neighbor's dog barking and waking me up in the middle
of my sleep time. I work in the evenings and I often don't get home until about 2:30 a.m..
Because of this I need to sleep until about 10:00 a.m.. My neighbors get up at about 7:00 a.m..,
and when they do their dog starts barking and yelping at them for about an hour every morning,
apparently wanting their attention. I eventually called the police, and they told me to notify
Animal Control. Animal Control told me to fill out the nuisance complaint form and send it back
in. Upon reading it I noticed that part of it reads after (a) "..as to unreasonably disturb the peace
or quiet of any two persons living in different households within 300 feet of the location of the
disturbance."
This presents a problem.
I live in Danville in a rural area. I also happen to live alone. The neighbors who own the dog
have a large house and a large amount of property. The homes in this area are not very close
to one another, but where they have chosen to keep their dog happens to be on an area of their
property that less than 100 feet (let alone 300 feet!) from my house. In short, I am the only
person who could possibly be disturbed by this animal because the other houses in the area are
so far away (over 300 feet) that it couldn't possibly disturb them. It really isn't fair--they keep
their dog closer to my house than they do to their ownH After sending my neighbors a polite
note addressing the problem, they took care of it for about 2-3 weeks, then it was back to the
same old problem again.
On or about July 2nd I sent in the Nuisance Complaint Form I had gotten from Animal Control.
On or about August 12 they sent a deputy out to talk to the people who own the dog. This had
no effect whatsoever on the problem--the very next morning at 7:00 a.m. the dog was at it again.
I went in to Animal Control to talk to them about it and they told me that I could not file another
complaint for at least 90 days and that unless I could get another person to fill out a form and
send in along with my own that there was no legal action whatsoever that could be taken against
my neighbors in order to stop the problem.
I would greatly appreciate it if you could review this ordinance and provide some abstraction,
exception or addition to it in order to provide protection for single households against animal
noise if they are in a situation such as mine. While I understand (please correct me if I'm wrong)
that the reason this ordinance was written with the 2 household clause was to protect someone
X�41 '4dltz�'
Re: Article 416-12.201 Animal Noise 2
from malicious harrasement from a single person who might be accusing them falsely, it creates
a problem for people like me who live in neral areas where the next nearest neighbor is so far
away that they don't notice a disturbance from the offending animal and therefore would not send
in a complaint. I would also appreciate hearing from you, either by phone or by mail, regarding
what action or other alternatives there might be to this problem. The only other alternative I
know of is to move, and I don't think it's fair that I should have to move because of a problem
such as this. Even if I did move, as long as I remain in Contra Costa County, I have no
guarantee that this same problem won't come up again somewhere else.
Thank you.
2Sincqerely,s
544 El Rio Rd.
Danville, Ca 94526
(510) 838-5280
enclosure
Martinez Center— CONTRA COSTA COUNTY Pinole Center
4849 Imhoff Place ANIMAL SERVICES DEPARTMENT 651 Pinole Shores Drive
Martinez,, CA 94553-4393 Pinole, CA 94564-2632
646-2995- Nuisance Complaint Form 374-3966
COMPLAINANT: Please complete this form recording nuisance (barking dog) violations for at
least a one-week period of time. For your information, the following paragraphs from the
Animal Control Ordinance deal with animal noise nuisances. Note: The nuisance complaint
form may be provided to the dog owner.
ARTICLE 416-12.2 NUISANCES
Sec. 416-12.202 Animal Noise. (a) No person shall own, possess, harbor, control, or
keep on any premises any dog, fowl, or other animal that barks, bays, cries, howls, or
makes any other noise so continuously or incessantly as to unreasonably disturb the peace
or quiet of any;two persons living in different households within three-hundred feet of the
location of the disturbance. (b) Any person who shall keep or permit to remain on any pre-
mises any animal as defined in part (a) above is guilty of a violation of this ordinance,
provided that during the time that the animal is making such a noise, no person or other
animal is trespassing or threatening to trespass, or no person is teasing or provoking the
animal. This section shall not be construed to prohibit the keeping of any watchdog, pro-
vided that the keeper thereof takes immediate steps to quiet such a dog whenever it barks,
and provided that such keeper never leaves such dog unattended on the premises in a place
where its barking, if prolonged or repeated an undue number of times, disturbs the peace or
quiet of any two persons living in different households within three-hundred feet of the
location of the disturbance.
NAME AND ADDRESS OF ANIMAL OWNER: PLEASE PRINT
Name (if available) Address City Phone
DESCRIPTION OF ANIMAL(S):
DATES AND TIMES VIOLATIONS OCCURRED:
I declare, under penalty of perjury, that the above statements are true and correct:
Complainant (please print) Address City Phone
Complainant 's signature:
Please return this completed form to the Animal Services office circled above as soon as
possible. Thank you for your cooperation.
FOR OFFICE USE ONLY
Received by Date Action Taken
Rev. 5/89 1M ASD #82 F-Nuisance