Michael Obrand's Experience in South Laguna Beach
Michael Obrand made an investment in his residence in south Laguna Beach during the late 1990s, lured by the tranquility of a hillside community offering breathtaking ocean views. Nevertheless, he has learned over the years that even in this idyllic paradise, suburban life's vexations can't be escaped.
The Canine Commotion
In recent times, the source of annoyance has been the neighborhood's canines.
"I wouldn't simply characterize it as barking," he commented on the racket generated by one neighbor's dogs when they were left to their own devices outdoors. "It was more akin to shrill screeching."
Obrand, aged 78, recounted how he was abruptly awakened by loud barking as early as 5 a.m. from his neighbor's dogs. Upon returning home in the evening after his legal work, he would be greeted by the noisy canine chorus continuing on the back patio. His attempts at a civil discussion with the neighbor proved unproductive, prompting him to request the city's intervention.
Laguna Beach's Dog Dilemma
Laguna Beach regularly deals with numerous complaints each year concerning dogs unsettling residents with their disruptive barking and yowling. For years, dog owners have pushed back after receiving warnings or citations, criticizing the city's vague and seemingly biased regulations on nuisance barking. In August, the Laguna Beach City Council voted unanimously to amend the dog barking ordinance, outlining specific criteria for when a dog's vocalizations will be deemed a noise violation.
New Ordinance Specifics
As per the revised ordinance, which takes effect this month, a resident can report a dog to the city only if it barks continuously for 30 minutes or intermittently for 60 minutes within a 24-hour period. Jim Beres, an administrator at the Laguna Beach Police Department responsible for animal control, recently stated at a City Council meeting that this change will "significantly raise the bar for proving a code violation."
The specific evidence or documentation required from residents to establish that a dog's barking has risen to the level of a violation has not yet been outlined by officials.
Unique Challenges in Laguna Beach
Inhabitants of Laguna Beach have a history of grappling with the disturbances inherent to coastal living in Orange County: the roar of motorcycles and high-end sports cars speeding down Coast Highway, the clanging of construction machinery and tools as multimillion-dollar homes are constructed or renovated, and the merriment of noisy bar and restaurant patrons in the city's downtown area.
In 1993, the city banned both gas-powered and electric leaf blowers after numerous residents complained about the daily din emanating from the city's impeccably manicured lawns. During a 2021 City Council meeting, one resident likened noise pollution to "sewage."
High-Profile Neighbor Disputes
The serenity and quietude are cherished by some locals to such an extent that disruptive sounds and sights have ignited high-profile neighbor disputes.
In a legal dispute concluded last year, Mark Towfiq, a wealthy tech entrepreneur, accused his neighbor, billionaire Pimco founder Bill Gross, of subjecting him to the theme song from "Gilligan's Island" at all hours as retribution for his complaints to the city about a blue glass sculpture Gross had installed in his backyard. Gross had encased the sculpture, a 22-foot-long creation by blown-glass artist Dale Chihuly, with a 12-foot-high netting structure to shield it from the elements. Towfiq and his wife contended that the netting was unsightly and obstructed their view of the ocean from their seaside mansion.
A judge from Orange County Superior Court determined that Gross had indeed put the "Gilligan's Island" song on a continuous loop to harass his neighbor and directed Gross not to infringe upon the noise regulations outlined in the Laguna Beach municipal code or play music on his outdoor speakers when outside of his estate's yard or pool area.
Dogs Stirring Controversy
More recently, it's the dogs that have pitted neighbors against each other.
"In Laguna, I think there's a penchant for grievances," remarked Tawna Bliss, who resided in the city for many years before relocating to Laguna Hills in 2021.
Bliss has been on the receiving end of complaints about her dog's barking. She recounted how one neighbor would message her after the first few barks with a request to "quiet your dog down."
"His dog would yap all day long, but I never said anything," Bliss explained, as she observed her toddler, Emerson, snuggling into the fluffy white coat of the family's Great Pyrenees mountain dog, Lucian, at a dog park on Laguna Canyon Road. "Dogs are going to bark."
Complaint Statistics
Thus far in the current year, Laguna Beach, a city with a population of 22,000, has received 73 complaints regarding barking and issued 23 warnings. Last year, the city logged 213 complaints and issued 76 warnings and five citations. In 2021, it received 222 complaints and issued 81 warnings and nine citations.
By comparison, Irvine, with over 300,000 residents, has received 456 complaints about barking this year and issued 14 warnings.
Varied City Ordinances
Numerous cities across Orange County, including Irvine, Huntington Beach, and San Clemente, have ordinances stipulating the degree of barking that qualifies as a disturbance. However, for years, Laguna Beach had been operating without any specific guidelines. Enforcement by animal control had been predicated on the number of complaints received about an animal, the circumstances, and the officer's perception of what constituted reasonable behavior, rather than a specific number of minutes of barking.
This situation had led to a perception that "some dog owners feel they have been treated differently than others," acknowledged Beres. "And, to be completely honest, that has been the case to some extent."
Objective Definition
Typically, officers respond to complaints by offering dog owners advice on how to reduce barking and issuing warnings. In the event that an officer deems it necessary to impose a fine, the penalties are $100 for a first offense, $200 for a second offense, and $500 for third and subsequent offenses within a 12-month period, in accordance with the city's municipal code.
In certain instances, dog owners have claimed that a neighbor's call to animal control to report excessive barking was merely a retaliatory measure due to other conflicts between neighbors.
Laguna Beach City Councilman Alex Rounaghi asserted that the modification was essential to establish an objective definition that can be applied consistently.
"Residents have complained about nightmare scenarios of neighboring dogs barking all night," he commented. "I hope that neighbors can resolve these issues among themselves. However, if the city becomes involved in enforcement, it is crucial that due process is safeguarded."
Nevertheless, Obrand is concerned that the changes to the law will hinder residents' ability to seek assistance from the city in addressing problematic barking. In his situation, he revealed that the city's intervention had made a difference. Now, he apprehends that residents will simply have to endure the nuisance or risk souring their relationship with neighbors.
According to Obrand, under the new standards, his neighbor's dog barking problems would not have been classified as a violation, "even though it was genuinely a significant disruption."
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