It shall be unlawful for any person who owns, controls, has possession of or is charged with the responsibility for caring for any dog or other animal to allow such animal to make excessive noise in a manner that unnecessarily disturbs the comfort, quiet, peace or repose of any other person in the vicinity, at any time of the day or night. Any person who violates this section shall be fined not less than $50.00 nor more than $250.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
A citation for a violation of this section may be issued based on either: (1) personal observation of a violation by any city officer or employee charged with enforcement of this section; or (2) a complaint alleging a violation of this section, signed and sworn to by residents of three different addresses, and specifying the date and time of the violation.
For purposes of this section, the term "excessive noise" means any continued, repeated or habitual barking, whining, crying, howling, whimpering, crowing, or loud noise common to an animal's species that exceeds ten consecutive minutes in duration or occurs intermittently for a significant portion of the day or night, that is louder than average conversational level at a distance of 100 feet or more.
For purposes of this section, the term "any other person" means a reasonable person with ordinary sensibilities.
(Added Coun. J. 10-7-09, p. 72725, § 1)
Editor's note – Coun. J. 12-1-04, p. 36205, § 1, repealed former § 7-12-100, which pertained to animals for medical research.