(A) Prohibition on harboring animals which make excessive noise. No person shall keep, maintain or harbor, or cause or permit to be kept, maintained, or harbored, upon any premises within the city, any dog or animal which creates excessive noise. A violation of this section is a misdemeanor unless the City Attorney files the action as an infraction.
(B) Enforcement action. If an animal regulations 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 first time offenses, 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 offenses. For second offenses, the officer should issue a first offense administrative citation or submit the matter to the City Attorney for enforcement.
(3) Third and subsequent offenses. For third and subsequent offenses, the officer should issue the next level administrative citation or submit the matter to the City Attorney for enforcement.
(4) Seizure and impoundment. The investigating officer may seize and impound an animal which is creating excessive noise. The owner of such animal shall be responsible for the costs of impoundment as provided for in § 92.14 of this chapter.
(C) Removal of animal from city. Upon a third sustained offense within an 18 month period, the animal making the excessive noise shall be deemed a public nuisance requiring the owner to permanently remove the animal from the city. A failure to remove the animal shall be a misdemeanor.
(Ord. 14-101, passed 7-8-2014)e