(A) It shall be unlawful for any owner, possessor or keeper of any animal, as defined in § 92.002 of this code, to permit such animal, by loud and persistent habitual noise, to disturb any people or neighborhood.
(B) In any prosecution for a violation of division (A) above, the fact that any loud animal which disturbed any people or neighborhood occurred either: Between the hours of 10:00 p.m. and 7:30 a.m.; or when none of the residents who reside at the place where the noisy animal is being kept are at home, shall create a rebuttable presumption that the noisy animal was unlawful.
(C) Any animal which has been allowed or permitted to persistently and chronically violate this section, as demonstrated by the issuance of two or more citations and the receipt of multiple complaints from more than one household, is declared to be a public nuisance and may be impounded upon compliance with the procedures outlined in divisions (D) and (E) below.
(D) Whenever any chronic animal nuisance, as defined in division (C) above, is found on any premises within the jurisdiction of the county, a written notice shall be given to the owner, possessor or keeper of the animal, or to the owner, occupant, person in possession, person in charge or person in control of the premises where the animal is located, or a written notice shall be posted at such premises when none of the above people can be found at the premises. Such notice shall be signed by the MACO or an authorized representative and shall give the person or persons to whom it is directed no less than 72 hours, nor more than 120 hours, to remove and abate the nuisance.
(E) If, after the time given to comply with the notice has passed the nuisance has not been abated, the MACO may summarily abate the nuisance by impoundment and assess the costs of such abatement against the property or owner thereof, to be collected by suit or otherwise, in addition to penalties for violation hereof.
(F) It shall be unlawful to fail to comply with a notice to abate a nuisance issued as provided in division (D) above.
(Prior Code, § 5-5-4) (Ord. 11-13, passed 10-18-2011) Penalty, see § 92.999