(a) Definitions.
(1) “Barking dog” means a dog that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for fifteen minutes or more in any 24-hour period or intermittent barking for sixty minutes or more in any 24-hour period. A dog shall not be deemed a “barking dog” for the purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
(2) “Person” means any person who possesses, has title to or an interest in, harbors or has control, custody, or possession of a dog or any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
(b) No person having custody of any dog kept within the municipal limits of Hubbard, Ohio shall allow such dog to unnecessarily annoy or disturb any person by continued or repeated barking as described in subsection (a) herein.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(d) Prior to any citation being issued for a violation of this offense, the person so charged shall receive two written warnings issued by any law enforcement officer.
(Ord. 13-08. Passed 7-21-08.)