(A) It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals that habitually bark, howl, yelp, squeal, shriek or make any other sounds that disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons. When investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances that the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party.
(B) Before an Enforcement Officer cites any person for an animal noise nuisance under division (A) above, the complaining party and the alleged offender must first agree to participate in a civil hearing process administered by the City Manager. The City Manager shall appoint three city residents who shall convene to hear the complainant’s allegation against the offending party. The Arizona Rules of Evidence shall not apply to these proceedings. The panel shall allow both the complainant and the alleged offender to state their side, and shall allow any evidence the panel deems helpful in deciding whether there has been a violation of division (A). The panel shall make the determination within 5 calendar days after the hearing, and shall make its findings in writing, signed by all three panel members. The City Manager shall send the written determination to the Enforcement Officer, the complaining party and the alleged offender.
(C) There is no monetary penalty in a finding against the alleged offender. However, the Enforcement Officer shall monitor the alleged offender’s property for additional violations. Should the Enforcement Officer have probable cause through written witness statements that the noise has continued, and it interferes with the reasonable use and enjoyment of the complaining party’s property and in what manner, the Enforcement Officer shall prepare a class 1 misdemeanor noise citation and serve it on the offender. The violation shall be prosecuted by the City Attorney’s office. If found guilty of a violation of division (A) or if the offender pleads guilty, the court shall impose a fine of no less than $1,000, 12 months summary probation and 30 calendar days suspended jail sentence. The court may also impose other penalties as it deems fit, including but not limited to, the requirement the defendant use anti-barking devices on the animal.
(Ord, 1465, passed 12-4-2018)