(a) No person shall keep, harbor or maintain any dog within the City, which, by habitual barking, howling or yelping, creates unreasonably loud or disturbing noises of such a character, intensity and duration as to disturb the peaceful and quiet living of any person within the City who resides within the immediate vicinity of where the dog is being lodged, harbored or maintained. Any dog which barks, howls or yelps for a period exceeding ten minutes in duration or any dog whose owner, keeper, harborer or maintainer has been advised by any law enforcement officer of the dog’s unreasonable barking, howling or yelping more than two times in one day, or any dog whose owner, keeper, harborer or maintainer has been advised by any law enforcement officer on two consecutive days of the dog’s unreasonable barking, howling or yelping shall be deemed to be a habitually barking dog. (Ord. 07-52-2000. Passed 7-18-00.)
(b) Any person who allows any dog to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring or maintaining such dog.
(c) For purposes of this section, immediate vicinity shall include any person who resides within a 300 foot radius of the origin of the noise complaint.
(d) For purposes of this section, unreasonably loud or disturbing noises means that degree of noise which would annoy the average, ordinary and prudent person of average sensibilities and which would prevent such person or persons from the quiet and peaceful enjoyment of his or her property.
(Ord. 10-54-96. Passed 10-15-96.)
(e) For the purposes of this section, a verified complaint means a complaint by a resident within the City who resides within the immediate vicinity of where the dog is being lodged, harbored, kept or maintained which is corroborated by any law enforcement officer who personally hears the dog that is the subject of the complaint of barking, howling or yelping which is not as a result of the law enforcement officer’s presence or investigation. A complaint can also be deemed as verified by having the complaining resident sign a sworn affidavit as to the origin of the noise.
(Ord. 07-52-2000. Passed 7-18-00.)
(f) It shall be an affirmative defense to a violation of this section that such barking, howling or yelping was provoked by the actions of another person or was in the nature of a warning or defense against trespassing or intruding persons or to a fire or other emergency involving danger or damage to persons or property. Any person asserting such defense shall have the burden of proving the facts thereof by a preponderance of the evidence.
(g) None of the provisions of subsection (a) hereof shall apply to owners, operators or employees of duly licensed veterinary hospitals or to blind persons when the dog serves as a guide or leader.
(h) (1) Whoever violates subsection (a) hereof is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.
(2) In addition to penalties described in subsection (h)(1) hereof, the court may order the offender to personally supervise the dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
(Ord. 10-54-96. Passed 10-15-96.)
(Ord. 10-54-96. Passed 10-15-96.)