(A) Disturbing the peace. It is unlawful for any owner of an animal to suffer or permit such animal to disturb the peace and quiet of the neighborhood by unreasonable barking, howling, whining, yowling, or making any other loud or unusual noise. Upon the Police Department receiving a complaint, the following actions will be taken:
(1) The complaint will be investigated to determine if a violation has occurred. A violation will have occurred if barking, howling, whining, and the like is made intermittently for more than 3 minutes with one minute or less lapse of time between each animal noise during the 3-minute period. Such noise must be audible off of the owner's or caretaker's premises.
(2) If a violation has occurred, a dated notice will be sent to the owner notifying the violation. A duplicate copy of the notice will be sent to the complainant.
(3) If another violation occurs within 30 days, the owner will be mailed a citation with the fine being equal to the impound fee plus all applicable court fees.
(B) Animal seizure for disturbing the peace. Any police officer may enter onto private property and seize any animal which is disturbing the peace as outlined in § 91.08(A) herein, provided that the following conditions exist:
(1) There is an identified complainant other than the police officer making a contemporaneous complaint about the barking.
(2) The officer reasonably believes that the barking meets the criteria set forth in § 91.08(A).
(3) The officer can demonstrate that there has been at least 1 previous complaint about the animal noise.
(4) The officer has made reasonable attempts to contact the owner of the animal or the owner of the property, and those attempts have either failed or have been ignored.
(5) The seizure will not involve forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other person authorized to have such key shall not be considered forced entry.
(6) No other less-intrusive means to stop the animal noise is available.
(7) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the animal is not possible.
(C) Damage to property. The owner of any animal shall prevent the animal from committing the following act which shall constitute a nuisance: Allowing the animal to dig up or otherwise damage the garden, shrubbery, lawn or other property of a person other than the owner. The animal's owner must pay the property owner for any such damage caused.
(Am. Ord. 243, passed 8-6-2007) Penalty, see §
91.99