El Monte, CA asked in Civil Litigation and Municipal Law for California

Q: this is about dog barking law complaint in a city,

I made a dog barking complaint in my city they took it but said that they cant do anything about it cause it takes 2 or more people for them to move forward with complaint because that is thier policy but the county and state law say 1 or more person to make a complaint.question is can a city make a policy that would over ride the county and state law?

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Municipal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: I am not familiar with the law, but city didn't prevent 1 or more persons from making a complaint. You made a complaint. Does the law state what actions the city is required to take? What resources it is required use?

James L. Arrasmith
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Answered
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, cities are generally granted the authority to create local ordinances and policies to address specific issues within their jurisdiction. However, these local policies must not conflict with or override state or county laws. In your situation, if state and county laws explicitly state that one or more persons can make a dog barking complaint, a city policy requiring two or more complainants would likely be in violation of state and county laws.

Cities cannot enact policies that contradict higher-level laws. If you believe the city's policy is in direct conflict with state and county law, you should consider addressing this matter with your local city government officials or consulting with an attorney who can help advocate for your rights and ensure that the city's policy aligns with the applicable state and county laws regarding dog barking complaints. It may be necessary for the city to revise its policy to bring it into compliance with higher-level legal requirements.

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