§ 90.07  NUISANCES.
   (A)   Habitual barking.
      (1)   Generally and definition. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. HABITUAL BARKING shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner’s or caretaker’s premises.
      (2)   Warrant required. The Animal Control Officer or police officer shall not enter the property of the owner of an animal described in this section unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a court of competent jurisdiction, as provided for in § 10.20, to search for and seize the animal.
   (B)   Damage to property. It shall be unlawful for any person’s dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. Any animal covered by this division (B) may be impounded as provided in this section or a complaint may be issued by anyone aggrieved by an animal under this section, against the owner of the animal prosecution under this section.
   (C)   Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property.
   (D)   Other. Any animals kept contrary to this section are subject to impoundment as provided in § 90.05.
(Prior Code, § 1301.070)  (Ord. passed 2-6-2008)  Penalty, see § 10.99