(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FREQUENT AND HABITUAL. The continuous or repeated barking, howling or yelping for a period of five minutes or longer; or five or more periods of one minute duration each in any 30 minute period.
(2) MUNICIPALITY. The geographical area within the corporate limits of the city, but for purposes of determining a violation of this section it shall be sufficient that any one or more persons be annoyed by the conduct prohibited by this section and that such barking, howling or yelping originate or emanate from a dog or dogs located not more than two city blocks from the person or persons so annoyed.
(3) UNREASONABLY LOUD AND DISTURBING NOISES. That degree of noise which would annoy the average, ordinary and prudent person of average sensibilities and which would prevent such person or persons from the quiet and peaceful enjoyment of his or her property.
(B) 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 allows any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he or she occupies or owns, shall be considered as harboring such dog.
(C) It shall be affirmative defense to a violation of this section, that such barking, howling or yelping was provoked by the actions of another person or was in the nature of a warning or defense against trespassing or intruding persons or to a fire or other emergency involving danger or damage to persons or property. Any person asserting such defense shall have the burden of proving the facts thereof by a preponderance of the evidence.
(D) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(‘73 Code, § 505.09) (Ord. 26-80, passed 2-11-81) Penalty, see § 90.99