(a) The keeping or harboring of any dog within the City of Martinsburg which dog, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such character, intensity and duration as to disturb the peace, quiet and good order of the neighborhood or such resident or business neighbors as may be in close proximity to such dog is prohibited.
(b) Any person who shall allow such dog to habitually remain, be lodged or fed within or on any property, dwelling, building, yard or enclosure, which he/she occupies or owns, shall be considered as harboring such dog and shall be guilty of a misdemeanor. Upon a finding by the Municipal Court Judge or the Magistrate Court of Berkeley County that this section has been violated, such Judge or Magistrate shall impose a fine in the amount of one hundred dollars ($100.00) for the first offense. Subsequent offenses shall result in fines of at least one hundred dollars ($100.00) but not to exceed two hundred fifty dollars ($250.00).
(c) Nothing herein shall restrict the bringing of a civil action, in an appropriate court of law, to seek a remedy for imposition of this offending nuisance.
(Ord. 2003-20. Passed 10-9-03.)