A. It is unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are declared to be a public nuisance.
B. Whenever any person shall complain to the police department that a dog which habitually barks, howls or yelps, or a cat which habitually cries or howls is being kept by any person in the city, the police department shall notify the owner of such dog or cat that a complaint has been received and that person should take whatever steps necessary to alleviate the howling, yelping or crying.
C. If the warning given to the person alleged to be keeping a cat or dog as set forth in subsection B of this section is ineffective, then a verified complaint of one citizen may be presented to the police department, alleging that a dog which habitually barks, howls or yelps, or a cat which habitually cries or howls, is being kept by any person within the city. The police department shall inform the owner of such dog or cat that the petition has been received and shall cite the owner of the dog or cat for violation of alleged in the complaint.
D. If the municipal court finds the party against whom the complaint is filed guilty of violating the provisions of subsection B of this section, the court may impose a fine not to exceed fifty dollars ($50.00) for the first offense and a fine not to exceed one hundred dollars ($100.00) for the second and subsequent offenses, plus court costs.
E. In the event of more than one conviction involving the same animal, the court may, in its disposition and in addition to the fines imposed, order the animal destroyed in the manner provided by law. The destruction order shall not be effective until the time for appeal of the conviction shall have lapsed. Upon appeal being perfected in the appropriate appellate court, the destruction order shall be stayed until the appeal is resolved. (Ord. 1024 §1, 2006: Ord. 976 §1, 2002: Ord. 744 §§2–6, 1993: Ord. 692 §4, 1989)