(A) It shall be unlawful for any person to keep a dog without exercising proper care and control of such dog to prevent it from disturbing the peace of others by barking in a loud, continuous or untimely manner. Any person, whether as owner, tenant, occupant, lessee or otherwise, in charge or control of the property where such dog is kept, or the owner of such dog, shall be responsible for exercising control of such dog under this section.
(B) It shall be the duty of any animal control officer or police officer, who may find any dog disturbing the peace of others by barking in a loud, continuous or untimely manner, to advise the owner of such dog, or the person in charge or control of the property where such dog is kept, to exercise proper control and care of such dog to prevent it from barking in such manner. If such owner or person refuses to cooperate with the police officer or animal control officer, or is unable to prevent such dog from barking in such manner, or if the animal control officer or police officer is unable to locate any person on the property where such dog is kept, it shall be the duty of the animal control officer or police officer to take such dog into possession. The impoundment provisions of this chapter shall be applicable to and followed by the animal control officer, or police officer upon taking any dog into possession under this section. For the purposes of this section, each day a nuisance exists shall constitute a separate offense.
(C) It shall be unlawful for any person to keep or permit on his or her premises or in any public place any animal or poultry that creates a public nuisance or that makes objectionable noise and thus disturbs public peace and rest.
(D) The animal control officer or police officer may issue a summons to any person he or she finds in violation of this section.
(E) Any dog or other animal alleged to be a nuisance may be proceeded against in municipal court after a complaint has been filed by any person having knowledge thereof, with the court, animal control officer, or Chief of Police, and if the court shall find that the animal is a nuisance, then the court may order the owner to prevent or abate such nuisance, or the court may order the animal impounded and the owner may have the animal returned upon paying all costs required and giving good and sufficient bond, in the sum set by the city, conditioned that he or she will prevent and abate such nuisance. After 30 days, said owner may present evidence that the nuisance has been abated or otherwise prevented, then the court may, upon such hearing, order the bond returned.
(Prior Code, § 5-4-13) (Ord. 845, passed 6-16-2015) Penalty, see § 98.99