§ 91.07 NUISANCES.
   (A)   Habitual barking.
      (1)   It shall be unlawful for any person to keep or harbor a dog which habitually barks, whines, howls, bays or cries excessively so as to cause disturbance or discomfort to an individual, provided that the noise lasts for a period of more than ten minutes continuously, or intermittent barking that continues for more than an hour and is plainly audible from a distance of 100 feet or more from the premises where the dog is kept. It shall not be a violation of this section if the dog was barking, crying, or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located.
      (2)   A complaining citizen shall first notify the Police Department or the City Administrator/Clerk-Treasurer of an alleged violation of this subchapter. A city law enforcement officer shall then investigate the complaint, and shall then determine whether there is probable cause that a violation of this subchapter has taken place. If probable cause exists, the officer shall request the person possessing the dog to take whatever action is necessary to stop the annoyance. If the person keeping or harboring the dog fails to stop or prevent the annoyance, the officer shall issue to that person a citation, or may arrest the person in accordance with the Minnesota Rules of Criminal Procedure. If the officer deems it necessary, he or she may have the dog impounded to stop the continuing annoyance.
   (B)   Damage to property. It shall be unlawful for any person’s dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage.
   (C)   Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner whether on their own property, on the property of others or on public property.
   (D)   Other. Any animals kept contrary to this section are subject to impoundment as provided in § 91.05.
(Ord. 196, passed 2-15-1990) Penalty, see § 91.99