(a) No person shall keep or harbor any dog within the City which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the City. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
A dog’s barking, howling or yelping described in the preceding paragraph persisting for a period of five (5) minutes or more between the hours of 8:00 p.m. and 8:00 a.m., or for a period of ten (10) minutes or more between the hours of 8:00 a.m. and 8:00 p.m., is prima- facie evidence of violation of the preceding paragraph.
The provisions of this section do not apply to:
(1) Veterinary clinics;
(2) Law enforcement personnel in the charge of a dog while that dog is assisting such personnel in the performance of official duties; or
(3) Persons in charge of a dog while that dog is assisting a blind or deaf person.
(b) Whoever violates this section is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense. In addition to any penalties provided for in this section, for any violation of this section the City may seek any legal or equitable relief available to it (including, but not necessarily limited to, injunctive relief, abatement of nuisance, and recovery of costs and expenses).
(Ord. 11647/03. Passed 1-8-03.)