(Amended by Ord. No. 162,538, 8/27/87.)
It shall be unlawful for any person (hereinafter in this section referred to as the owner) to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise after the Department has issued a written notice to the owner of the dog or dogs emitting the alleged excessive noise and after the procedures as set forth below have been followed. For purposes of this section, the term "excessive noise" shall mean noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. Factors that the Department may use to determine whether the barking is excessive may include, but are not limited to, the following: (i) the nature, frequency and volume of the noise; (ii) the tone and repetitiveness; (iii) the time of day or night; (iv) the distance from the complaining or affected party or parties; (v) the number of neighbors affected by or complaining about the noise; (vi) any other relevant evidence demonstrating that the barking is unduly disruptive; and (vii) whether the dog is being provoked. The provisions of this section shall not apply to any commercial animal establishment permitted by zoning law. The Department is responsible for enforcement of the provisions of this section as follows: (Amended by Ord. No. 185,021, Eff. 8/6/17.)
(a) First Complaint. (Amended by Ord. No. 181,930, Eff. 12/11/11.)
1. Upon receiving a written complaint involving excessive noise, the Department shall issue a written notice to the owner advising the owner of the noise complaint and requesting immediate abatement. The written notice shall describe the excessive noise factors that form the basis of the complaint. (Amended by Ord. No. 185,021, Eff. 8/6/17.)
2. Complaints to the Department must be submitted in writing, and shall include the name, address and telephone number of the complainant(s) as well as the address of the dog owner and a description of the noise.
(b) Second Complaint. (Amended by Ord. No. 181,930, Eff. 12/11/11.)
1. If, after 15 days from the issuance of the written notice pursuant to Subsection (a) above, a second complaint is received from the complainant along with a written complaint from an additional complainant residing in a separate residence within reasonable proximity to the dog(s), the Department shall, by written notice, require the complainant or complainants and the owner of the dog or dogs to appear at a meeting before a Department representative to discuss possible ways to resolve the problem. The Department may proceed with a meeting based on a second complaint from only one complainant if the Department determines that the noise affects that complainant. If the problem remains unresolved, the matter shall be set for hearing as provided by Section 53.18.5. (Amended by Ord. No. 185,021, Eff. 8/6/17.)
2. If the owner fails to appear before the Department representative, and there is evidence that the dog or dogs have emitted excessive noise, the problem shall be deemed unresolved, and the matter set for hearing as provided by Section 53.18.5.
(c) New License Prohibited. (Amended by Ord. No. 165,507, Eff. 3/25/90.) Any person whose dog license has been revoked pursuant to this section shall not have the privilege to own, possess, control or be in charge of any dog for a period of one (1) year from the date the decision becomes final and the Department shall not issue, reissue or renew any license except as provided by Section 53.18.5(r).
(d) Notice Requirements. Notice required pursuant to this section shall be given in the manner provided by Section 53.18.5(g)
(e) Exemption. (Added by Ord. No. 172,735, Eff. 9/9/99.) This section shall not apply to any person using guard and/or sentry dogs on lots zoned CCS, M1, M2, MR1, and MR2, as long as that person, at the time when the complaint of excessive noise is lodged with the Department, is in full compliance with the requirements of Sections 53.64 and 53.66 of this Code.