(A) It shall be unlawful for a dog to:
(1) Cause a disturbance to the peace and enjoyment of any reasonable person residing within town limits by making excessive dog noise. It shall be a violation of this section if excessive dog noise occurs:
(a) For more than 15 minutes in any 20-minute period between the hours of 10:00 p.m. - 8:00 a.m.; or
(b) For more than 30 minutes in any 40-minute period between the hours of 8:00 a.m. - 10:00 p.m.; or
(c) For any duration on at least half of the days of a ten-day period, and such occurrences are attested to by complaints from persons residing at two or more separate properties.
(2) Engage in nuisance behavior, including but not limited to damaging, soiling, defiling, or defecating on private property other than the owner’s or on public sidewalks, trails, or recreation areas, unless such waste is immediately removed and properly disposed of by the owner or person responsible.
(B) The dog’s owner or responsible person shall control the dog in a manner that ensures it does not violate § 90.12(A).
(C) Any person desiring to pursue civil or criminal charges against any person for a violation of § 90.12(B) shall complete a witness statement (provided by the animal control officer or other Police Department representative) and assist in the prosecution.
(D) It shall be a defense to a violation of § 90.12(A)(1) if the owner of the dog proves by a preponderance of the evidence that the excessive dog noise resulted from being provoked by a person or otherwise being incited to make noise.
(Res. 12-999, passed 12-11-2012; Ord. 12-760, passed 12-11-2012; Ord. 17-834, passed 10-24-2017; Ord. 2023-926, passed 2-14-2023)