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(A) No person shall allow a dog to howl or bark in violation of this section. It shall constitute a violation of this section if the howling or barking occurs continually and is audible beyond the property line of the premises on which the dog is located:
(1) For more than five minutes between the hours of 10:00 p.m., and 8:00 a.m.;
(2) For more than 15 minutes between the hours of 8:00 a.m. and 10:00 p.m.; or
(3) For a shorter duration than stated above, but no more than five occasions within a given ten-day period if attested to by complaints from two or more separate properties. It shall be a defense to such violation if the owner of the dog proves by a preponderance of the evidence that the only reason the dog was howling or barking was that the dog was being provoked by a person or was otherwise being incited, or was acting as a guide dog, hearing dog, service or police dog.
(B) The Police Department, in receiving such a complaint, shall dispatch an officer or the Animal Control Officer to the location of the barking or howling dog, and if such complaint is authenticated by the officer or Animal Control Officer, that officer shall take the following steps:
(1) First offense. Contact the owner of the dog and issue a written warning.
(2) Second offense. Contact the owner of the dog and issue a citation.
(3) Third and subsequent offense(s). Contact the owner of the dog and issue a citation and may seize any such dog from the yard where the violation is occurring if the owner is unable or unwilling to take action to stop the howling or barking.
(4) If the owner of the dog cannot be located during the time of the incident, the officer or Animal Control Officer may enter upon the private premises and may seize the dog if the officer is unable to contact the owner or if the owner is unable or unwilling to take action to stop the howling or barking.
(C) Violation of this section shall be punishable by a fine of:
(1) Second offense - no less than $10;
(2) Third offense - no less than $25; and
(3) Subsequent offenses - no less than $50.
(4) Dogs seized are subject to storage fees regardless of the times of offenses. This is in addition to any citation fees.
(Ord. 573, passed 9-10-07)