(a) It shall be unlawful for any person to keep or harbor any dog within the City which, by frequent and habitual barking, howling, yelping, crying, or squalling creates unreasonably loud and disturbing noises of such character, intensity, and duration as to disturb
the peace, quiet, and good order of the City. Any person who shall allow any dog habitually to remain, be lodged, or fed within any dwelling, building, yard, or enclosure which he or she
occupies or owns, shall be considered as harboring such dog.
(b) Any person complaining of a violation of this section may contact the Animal Control Officer, Code Enforcement, or the Police Department, who may then investigate the
complaint's report. Nothing herein shall require a complaint to be made prior to any investigation and the City's agents may institute an investigation on their own initiative.
(c) If the Animal Control Officer, Code Enforcement, or the Police Department finds probable cause to believe an offense has been committed and that the owner or custodian of the dog has committed it, then the Animal Control Officer, Code Enforcement, or Police Department may issue such offender a citation in lieu of arrest, pursuant to Section 501.07.
(d) If the municipal court finds that the defendant has kept or harbored a dog that has, through frequent and habitual barking, howling, yelping, crying, or squalling, created
unreasonably loud and disturbing noises of such character, intensity, and duration as to disturb the peace, quiet, and good order of the City, then the municipal court shall order the defendant to abate such disturbance. In such situation. the municipal court shall further fine the defendant as follows:
(1) A fine of fifty dollars ($50.00) for the first offense;
(2) A fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for the second offense; and
(3) A fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for the third and subsequent offenses.
(e) Repeated similar violations of this section which occur beyond twenty-four (24)
hours of the initial incident are considered separate offenses. Accordingly, an owner or custodian of any dog or dogs may receive one violation per twenty-four-hour period.
(f) This section is not enforceable against any dog which is exempted from the same by State or Federal law. This section is not enforceable against any dog which is engaged in any legitimate farming activity, including but not limited to herding of livestock, or legal hunting activity.
(g) Nothing contained in this section shall be construed to limit or preclude the right of any individual or entity from pursuing any civil cause of action otherwise authorized by law for either injury or damage arising from any noise which creates either a public or private nuisance under law. (Ord. 23-21. Passed 7-20-23.)