A. No person shall own or keep any animal within the city which, by frequent barking, howling, yelping, whining or the making of other noise, disturbs the peace of the neighborhood or causes excessive discomfort to any reasonable person of normal sensitivity residing in the area. It is unlawful and shall be a public nuisance for any person to own or keep any animal in violation of this chapter. A violation of this chapter shall be punishable as a misdemeanor unless determined by the city attorney, in exercising his or her prosecutorial discretion, to be punishable as an infraction.
B. The standards to be considered in determining whether a violation of the provisions of this chapter exists include, but are not limited to, the following:
1. The level of the noise made by the animal;
2. The level and intensity of background noise;
3. The proximity of the noise to residential sleeping areas;
4. The density of habitation within the area;
5. The time of day or night when the noise occurs; and
6. The duration of the noise.
C. As used in this chapter, a "neighborhood" means an area in which at least three (3) single-family dwellings or one multiple- family dwelling are located within two hundred feet (200') of the boundary line of the premises upon which the animal allegedly causing noise is located.
D. If any animal persistently barks, howls, yelps, whines or makes noise, and disturbs the peace of the neighborhood as provided in this chapter, the dog or other animal may be declared a public nuisance pursuant to the provisions of this chapter. It is unlawful for any person, after being informed in writing pursuant to the provisions of this subsection that his or her animal has been declared a public nuisance, to fail, refuse or neglect to take whatever steps, or use whatever means are necessary, to assure that such animal does not disturb residents in the vicinity in which the animal is kept. If within a period of ten (10) days after the issuance of written notice to the person owning, keeping, harboring or having in his or her care or custody said animal has not been abated as a nuisance, such person shall be subject to prosecution under this chapter.
E. When the animal control officer of the city is notified of a possible noisy animal by a complaint from a complaining person, the animal control officer shall issue a noisy animal warning notice. Such notice shall specify that the animal is in violation of this chapter and that the noisy animal must be abated to avoid further city action. The animal control officer shall meet with the person keeping the alleged noisy animal, review the specifics of the complaint and attempt to obtain a resolution of the alleged noisy animal violation. A notice summarizing the outcome of the meeting and complaint shall be mailed to the residence of the owner or keeper of the noisy animal who shall have a period of ten (10) days in which to abate the nuisance.
F. When the animal control officer receives a second notice of a complaint concerning the same noisy animal, the animal control officer shall send, if the first warning went unheeded, a second notice of a complaint which constitutes written notice of violation of this chapter. Such notice shall be mailed to the owner or the keeper of the animal, postage prepaid first class mail with return receipt requested. If delivery is refused, follow up by first class mail is sufficient. If no action has been taken by the owner or the keeper of the animal, and upon receiving a third complaint, the animal control officer shall send to the complaining party a set of complaint forms, accompanied by a letter with instructions to complete and return the forms within fourteen (14) days of receipt. The complaining party shall be informed that further action may not be warranted if the animal is controlled, but that in any case no further action can be taken to control the animal until the completed complaint forms are received by the animal control department.
G. Upon receipt of the completed complaint forms, the animal control officer, or his or her supervisor, may file a petition requesting a hearing before the animal control board to determine whether the animal should be declared a public nuisance. All complaints received from the public and from any complaining persons shall be attached to the petition. The animal control board established pursuant to chapter 6.05 of this title shall administer the provisions of this chapter.
H. The animal control board shall notify the owner or keeper of the animal that a hearing has been scheduled and that the owner or keeper of such animal may present evidence at the hearing. The animal control board shall serve upon the owner or keeper of the animal notice of the hearing by postage prepaid first class mail with return receipt requested and shall provide the owner or keeper of the animal with a copy of the petition. If delivery is refused, follow up by first class mail is sufficient.
I. The hearing before the animal control board shall be open to the public and shall be held not less than ten (10) working days or more than thirty (30) working days after service of the notice of hearing upon the owner or keeper of the animal. The animal control board may admit all relevant evidence, including incident reports and affidavits of witnesses; the board may limit the scope of discovery and may shorten the time to produce records or witnesses. The board may decide all issues even if the owner or keeper of the animal fails to appear at the hearing. The board may find, upon a preponderance of the evidence, that the noisy animal is a public nuisance.
J. After the hearing conducted pursuant to subsection I of this section, the animal control board shall either personally or by postage prepaid first class mail notify the owner or keeper of the animal of the board's determination and any orders issued by the board. If the board determines that the animal is a public nuisance, the owner or keeper of the animal shall comply with the board's order within ten (10) days after the date of the determination.
K. Any person who neglects or refuses to abate the condition within the time specified in the written nuisance notice is guilty of a misdemeanor unless determined by the city attorney, in exercising his or her prosecutorial discretion, to be punishable as an infraction.
L. Nothing in this chapter shall be deemed to prevent the city attorney from commencing a civil or criminal proceeding to abate a public nuisance under this chapter or other applicable law.
M. If, at the time an animal is declared a public nuisance and in violation of this chapter, no person is in possession of the premises upon which the animal is located, any animal control officer or police officer may enter the private property and remove the animal from the premises. An animal so removed shall be impounded and may be returned to its owner upon payment of impound and boarding fees. Written notice that an animal has been impounded pursuant to this section shall be posted upon the premises and mailed to the owner of the property first class, postage prepaid. (Ord. 2249 § 1, 1994: Ord. 2021 § 2, 1988)