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MShore
MShore, Attorney
Category: Legal
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I received a ticket for public nuisance (dog barking) LA County,

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I received a ticket for public nuisance (dog barking) LA County, court appearance to be by 9-26-2011. I have a crazy neighbor that somehow got 8 people to sign a petition all on her street, one block over, one person on my street signed (he complains about dogs everywhere). I asked other folks on my street if they were bothered by my two dogs and was told they hear dogs barking all over the place and don't find my to be a particular problem. These folks are willing to sign a petition for me if necessary. I want to fight this and would appreciate advice on how to do that.
Submitted: 2 years ago.
Category: Legal
Expert:  MShore replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. You need to have those neighbors whom are not able to hear the barking sign a petition indicating the same, as this would refute the allegations in the petition supporting the nuisance citation.Please let me know if you have any follow up questions.
Customer: replied 2 years ago.
I'm concerned it may involve a bit more than this. I have to appear in court by 9-26-2011. I am assuming that this is to plead guilty or not guilty. The fine is up to $2000 and 6 months in jail (can you believe this!) I am not working, as I lost my job and the dogs are in doors with me daily 24/7, unless they run out to go to go potty in the yard, or go with me when I go out (btw).

I believe that if I plead "not guilty" then a trial is set, then at that time I will have to meet this crazy neighbor in court with whatever witnesses and evidence that she has.

Over this past year, she has complained constantly about my dogs, calling animal control and they have pasted notices on my garage door.
She has also complained I keep my stereo too loud, she wrote a letter about that. I do not have a working stereo. She has also on two occasions put ultra sonic dog barking devices that pointed into my yard without my consent, that activated whenever other dogs in the neighborhood barked. She has complained about the noise when I was having carpet installed and wanted the installers to stop.

I am feeling quite harrassed by her, but am very concerned that just a petition refuting her claim may not be enough.
Customer: replied 2 years ago.
I am concerned that just providing a refuting petition may not be enough. Have you ever dealt with something like this that carries such a high sentencing such as 6 months in jail and $2000 fine?
Expert:  MShore replied 2 years ago.
As a practical matter, the state is not at all interested in incarcerating you, it costs the state money (which at this point it does not have). At best, XXXXX XXXXX get a fine but only after a determination beyond a reasonable doubt that such nuisance exists. The counter petition stands in the way of a beyond a reasonable doubt finding and if you have a clean record you would very likely only get probation before judgment if convicted.
Customer: replied 2 years ago.
Barking Dogs: Any pet owner or custodian who allows a dog to bark continuously or for an extended period of time in a manner that annoys the neighbors and disturbs the peace and tranquillity of the neighborhood may be guilty of allowing a public nuisance and punishable by a misdemeanor with a fine of up to $1000 and/or six months in jail. (California Penal Code 373A and L.A. County Code Sec. 10.40.065) If you have a noise complaint, contact your local Department of Animal Care and Control agency or submit an Animal Complaint Form. http://www.associatedcontent.com/article/2995016/los_angeles_goes_after_barking_dogs.html?cat=8
Expert:  MShore replied 2 years ago.
I read the law prior to my last Answer but thank you for publishing the law.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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