§ 90.017 RESTRAINT AND QUIETUDE.
   (A)   Dogs shall be kept under restraint, as defined in this chapter at all times. At the discretion of the Animal Services Officer or an officer of the city’s Police Department, an unrestrained cat which is creating a nuisance on private property may be included under this section, following prior notice to the owner.
   (B)   The owner shall not allow his or her animals(s), while outside, to disturb the peace and quiet of any person within the city by barking, howling or making noise of any kind for prolonged periods of time, either continuously for ten minutes or intermittently over a period of at least 20 minutes between the hours of 11:00 p.m. and 7:00 a.m. or continuously for 20 minutes or intermittently for 30 minutes between the hours of 7:00 a.m. to 11:00 p.m., without being intentionally provoked, so as to disturb the quiet of the neighborhood or any citizen or citizens. An Animal Control Officer or police officer may take steps immediately to correct the situation and cause the noise to be abated, either through the issuance of a warning, citation or impounding of the animal if no owner or agent can be found at the time of the disturbance. It is understood this division (B) shall apply to a sheltering facility maintained on a not-for-profit basis for homeless and unrestrained dogs; provided, a more liberal standard shall be used regarding any violation of this division (B) recognizing the special needs of such a shelter.
   (C)   An owner of an animal found running at large or found to be responsible for a human or animal bite shall be required to:
      (1)   Obtain a city registration tag that includes an intact animal notation for each animal in violation at a cost of $100 in addition to the cost of any required city tag; or
      (2)   Have the animal spayed or neutered within 30 days of the violation and obtain a city registration tag showing proof of the sterilization of the animal in violation.
   (D)   After the third violation of division (A) above where an animal is found to have been running at large, the owner of the animal shall be required to release custody of the animal to an Animal Control Officer (unless that animal has already been captured by the Animal Control Officer) so that the officer may conduct a temperament evaluation upon the animal. If the Animal Control Officer determines the animal is dangerous or vicious, the officer shall then comply with § 90.027 to allow a public hearing to be held on the matter.
(Prior Code, § 91.04) (Ord. 1-2017, passed 3-20-2017) Penalty, see § 90.999