A. Prohibited: No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises within the city limits, any animal which creates excessive noise that disturbs the peace and comfort of any neighborhood or interferes with the reasonable and comfortable enjoyment of life or property by any person. Violation of this subsection is an infraction.
B. Nuisance Prohibited On Property Of Others: No person shall keep or maintain, or cause or permit to be kept or maintained, any animal owned by him or in his possession or under his control, which habitually commits a nuisance upon the property of any other person. Violation of this subsection is an infraction.
C. Fines: Any person convicted of an infraction under the provisions of this chapter shall be punishable by: 1) a fine not exceeding one hundred dollars ($100.00) for a first violation; 2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year of the date of the first violation; 3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year of the date of the first violation.
D. Probable Cause Determined Upon Investigation; Actions Taken: If an animal control officer determines upon investigation that there is probable cause to believe that the owner of the animal is maintaining an animal which creates excessive noise, the officer may take the following actions:
1. First Offenses: For a first time offense, the officer should issue a warning to the owner of the animal notifying the owner of the excessive noise complaint(s) and inform the owner of steps necessary to correct the problem and the consequences if the owner fails to take corrective steps.
2. Second And Subsequent Offenses: For a second offense and subsequent offenses, the officer should issue an infraction citation.
E. Seizure And Impoundment: In addition to any other remedy available to the city under this chapter or this code, the investigating animal control officer may seize and impound any animal that is creating excessive noise. The owner of such animal shall be responsible for the costs of impoundment as provided in this chapter.
F. Removal Of Animal From City: Upon a fourth offense within a twelve (12) month period, the animal making the excessive noise shall be deemed a public nuisance and the poundmaster may order the owner to permanently remove the animal from the city limits. A failure to so remove the animal shall be a misdemeanor. (Ord. 2009-04, 9-22-2009)