(A) Offense. No person shall own, keep or harbor any dog or cat, or any other animal, that, by frequent or excessive loud barking, howling or yelping, unduly annoys or disturbs the quiet of any neighborhood within the city. However, this division shall not apply to the business property of a licensed kennel, pet shop or veterinarian, or to the property of any licensed or city-owned animal shelter or animal control facility. If the Department finds that a dog or cat has been left outdoors and unattended for longer than one hour anytime, and the Department has probable cause to believe that a violation of this section has occurred, and if the dog's or cat's owner or keeper is not home or refuses to take said dog or cat indoors, then, upon obtaining a signed statement from a complainant, the Department may impound the dog or cat, which may be disposed of as provided in §§ 91.30 through 91.32.
(B) Penalty. Any person convicted of violating division (A) above as a first offense, shall be fined not less than $50 plus court costs nor more than $750 plus court costs. Any person convicted of violating division (A) above as a second offense shall be fined not less than $100 plus court costs nor more than $750 plus court costs. Any person convicted of violating division (A) above as a third or subsequent offense shall be fined not less than $200 plus court costs nor more than $750 plus court costs.
(C) Nuisance. Any dog or cat, or any other animal, described in division (A) above is hereby declared to be a nuisance, and the city may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with the provisions of Chapter 95 of this code. Upon finding a nuisance exists, and in order to abate such a nuisance, the court may, in addition to ordering any other legal or equitable relief, order that the owner or keeper may no longer own, harbor or maintain the dog or cat, or any other animal, causing the nuisance on any property within the city.
(Ord. 3584, passed 8-11-08)