Q: In unincorporated Santa Clara County the nuisance barking ordinance is not enforced. What is a nuisance victim to do?
The ordinance says barking is a nuisance, but there is no penalty specified, so if you call Animal Control they just send a letter saying the parties should go to mediation. Even if the nuisance comes from a 3rd dog which is one more than is allowed by ordinance, they still don't even talk to the owner, just send a useless letter which in effect just tells the owner go ahead and do what you want since nothing is actually going to be done. How does the County get away with having these ordinances but having no intention of ever enforcing them? The barking dogs suffer, the neighbors suffer -- the ordinances appear to just be a charade. How can someone get the County to simply enforce its own ordinances?
A: You can find an attorney to bring a nuisance lawsuit against the dog owner. Get a preliminary injunction and then a permanent injunction.
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