(A) No person owning or keeping any animal shall fail to prevent such animal from disturbing the peace of any other person by loud and persistent or loud and habitual, continual or continuous barking, howling, yelping, braying, whinnying, crowing, calling, or making any other loud and persistent or loud and habitual or continual or continuous noise, whether the animal is on or off the guardian's or keeper's premises.
(B) No person shall be charged with violating this section unless a written warning was given to the person by an agent or employee of the city within 12 months preceding the first date alleged as a date of violation in the complaint. Such warning is sufficient if it recites division (A) above and states that a complaint has been received that an animal of which the defendant is a guardian or keeper is disturbing the peace of an individual. A warning is given under this division if it is personally given to the person owning or keeping the animal or if it is mailed first class to such person. The City Manager shall keep records of all warnings given, and such records are prima facie evidence that such warnings were given.
(C) No person shall be convicted at trial of violating this section unless 2 or more witnesses testify to the loud and persistent or loud and habitual nature of the noise, or unless there is other evidence corroborating the testimony of a single witness on this element.
(D) The provisions of divisions (B) and (C) above do not apply when the animal is a cat and it is proven beyond a reasonable doubt that the cat was off the premises of its guardian or keeper at the time of the disturbance.
(E) No person owning or keeping any animal shall fail to prevent such animal from defecating upon any property other than the premises of the guardian or keeper.
(1) It is a specific defense to a charge of violating this section that the defecation occurred on private property with express permission of the owner or all tenants thereof.
(2) It is a specific defense to a charge of violating this section that the guardian or keeper immediately removed or cleaned up such deposit and disposed thereof by depositing it in a toilet or a receptacle ordinarily used for garbage and covered by a lid or in an otherwise lawful and sanitary manner.
(3) The maximum penalty for a first conviction pursuant to this division is a fine of $100. For a second conviction within 3 years, based upon date of violation, the maximum penalty shall be a fine of $200, with the Municipal Court strongly urged to impose community service hours cleaning up dog waste in public areas as a condition of a suspended sentence or probation, where appropriate in the judgment of the Court.
(F) When any animal dies in the city, no person owning or keeping it shall fail to remove the body of such animal from the city or dispose of it in a lawful and sanitary manner.
(Ord. 995, passed 8-22-2017) Penalty, see § 90.999