(a) No person shall own, maintain, or otherwise, by act or omission, keep a dog which, by barking, howling, crying or in any other noise-making manner, disturbs the peace, comfort or quiet of any neighborhood within the City.
(b) For purposes of enforcing this section, the Humane Officer, Mayor or police officer when the Human Officer is not on duty or scheduled to be working, may cause a dog to be impounded, and a citation issued and served on the owner, owners, or care takers or providers of any such dog barking, howling, crying, or in any other noise-making manner disturbing the peace, comfort or quiet of any neighborhood within the City. A citation may be issued without impounding the dog if the owner, owners, or care takers or providers of any such dog are immediately present, or make their presence known, and immediately take control over such dog and cause the same to be and remain quiet, such as taking the dog inside where it cannot be heard, and keeping it inside. The citation may be issued and served after the impounding of said dog, if the owner, owners or care takers or providers are not present, or make their presence immediately known to the Humane Officer, Mayor or police officer on the premises where the dog is present and violating this section, if the identity of such dog owner, owners or care taker or provider cannot be readily ascertained, if the dog is running at large, or if such person fails to immediately take control over such dog and cause the same to be and remain quiet, such as taking the dog inside where it cannot be heard, and keeping it inside, provided that the citation shall be issued and served on the dog owner, owners or care takers or providers as soon after the dog has been impounded as possible, and the owner, owners, or care takers or providers of any such dog shall be afforded an opportunity to be heard at the next regularly scheduled session of Municipal Court after service of the citation on such person. Service of the citation on the dog owner, owners, or care takers or providers of any such dog may be in person, on any person over the age of sixteen years present at the residence of such person, or by any other manner or method permitted by law, or in accordance with Rule 4 of the Rules of Civil Procedure adopted and approved by the Supreme Court of Appeals of West Virginia.
(c) If the violation of this section is, or has not been observed by the Humane Officer, Mayor, or police officer of this City, any person observing any violation of this section may sign a complaint, and cause a citation for violation of this section to be issued and served in the manner provided above, provided that any person signing such complaint shall also be notified of a hearing to be scheduled before the Municipal Court concerning any citation issued and served as a result of said complaint, and shall be afforded the same opportunity to be heard. Failure to appear and testify in regard to said citation shall be cause for dismissal of the same.
(d) Any person adjudged to be guilty of violating this section shall be guilty of a misdemeanor, and fined in accordance with Section 507.99 of this Code.
(Ord. 2001-03. Passed 3-5-01.)