A. It is hereby declared to be unlawful for any owner, keeper, controller or harborer of any animal to allow or let his or her animal to discharge such animal's solid excrement upon public property or private property, other than the property of the owner, keeper, controller or harborer. However if such owner, keeper, controller or harborer does immediately thereafter remove and clean up such animal's solid excrement from the property, the nuisance shall be deemed remedied.
B. It shall be unlawful for any person to cause, permit or allow any dog or dogs owned, harbored, controlled, or kept by them in the municipality to remain outside of the dwelling of such person while such animal is causing excessive or frequent howling, yelping, barking, whining or the making of any other noise which disturbs or is likely to disturb the comfort and repose of any reasonable person; provided, that no person shall be prosecuted under this subsection unless written notice of the noise has been issued by a police officer to the property owner or person in possession of the property wherein the animal is located, or the animal's owner, keeper, controller or harborer, or is left at the premises where the animal is located, at least twenty four (24) hours but not more than thirty (30) days prior to the filing of a formal complaint.
C. Any person convicted of a violation of this section shall be punished by fine to be set by the city council, from time to time, by resolution. Nothing contained in this chapter shall be interpreted to constrain the right of any person to proceed with a civil action for damages and/or to abate any noise nuisance. (Ord. 2000-05, 7-24-2000)