§ 4-31. Companion animal creating nuisance.

(a)

Any owner or custodian of a companion animal shall be deemed to be maintaining a nuisance in violation of this article that:

(1)

Continuously barks, whines, howls, meows, cries, or causes other objectionable noises resulting in an unreasonable annoyance to neighboring residents, interference with the comfortable enjoyment of life, or interference with the comfortable enjoyment of property:

a.

On two (2) separate incidents of, at least, fifteen (15) minutes continuously within a fourteen-day period between the hours of 6:00 a.m. and 9:00 p.m.; or

b.

A single period of, at least, fifteen (15) minutes continuously between the hours of 9:00 p.m. and 6:00 a.m.

(2)

Disturbs the peace by destroying, or soiling public or private property, or causing injury, or threatening to cause injury to any person or domestic animal or property other than that of the owner or custodian, or other similar conduct or behavior twice within a three-year period.

(3)

Animal control officers will question the complainant and determine their location in regard to the incident.

a.

The complaint must be specific as to time and date of violation. The animal control officer will pay specific attention to the question of provocation prior to issuing a notice of violation or citation.

b.

The owner or custodian of the animal causing the alleged noise nuisance will be notified of the complaint against him or her, and shall correct the nuisance violations within twenty-four (24) hours of notification.

c.

After notification of the alleged noise nuisance has been provided to the owner or custodian by the animal control authority, subsequent reports of noise nuisance violations shall result in the issuance of a citation by the animal control officer.

d.

After notification of the alleged non-noise nuisance has been provided to the owner or custodian by the animal control authority, the owner or custodian shall abate the nuisance within twenty-four (24) hours.

(4)

If after twenty-four (24) hours, the non-noise nuisance is not corrected, the owner or custodian of the animal causing the alleged nuisance shall be issued a citation.

(b)

No owner of a properly zoned commercial kennel or owner of a security dog which is located on commercially or industrially zoned property shall be subject to the provision of this section as it relates to dogs or cats which habitually bark, whine, howl, meow, cry, scream or cause objectionable noises.

(c)

Upon receipt of a sworn complaint affidavit from a citizen, or a statement from an officer alleging a violation of this section, an officer may cause to be issued a notice of violation to any animal owner or custodian alleged to be in violation of this section. Said affidavit shall specify the address or location of the alleged violation; the nature, time and dates of the alleged violations; the name and address of the custodian of the animal, if known; a description of the animal, if known.

(d)

If a citation is not issued to the owner or custodian of the animal as a result of a complaint, described in subsection (c) of this section, an affidavit, as described in subsection (c) of this section, shall only remain valid for a period of ninety (90) days following the date of notification to the animal owner or custodian.

(e)

Nothing in this section shall prohibit any officer from investigating an oral complaint, notifying, and citing a violator upon obtaining evidence of the violation.

(Ord. No. 18-068, § 11, 10-2-18)