§ 90.07 DOGS CAUSING UNREASONABLE NOISE.

   (A)   Purpose. The purpose of this section is to promote quality of life in the unincorporated areas of the county.

   (B)   Definitions. If a word or phrase has a meaning in this section clearly different than the definitions provided in this section, the word or phrase shall be taken in its plain, ordinary and usual sense. A word or phrase importing the singular number only may be also applied to the plural of persons and things. A word or phrase importing the masculine gender only may be extended to the feminine gender. The word “shall” is always mandatory. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      UNREASONABLE NOISE. Frequent or habitual howling, yelping, barking, screeching, other vocalization or other noise which shall cause serious annoyance or disturbance to a reasonable person.

   (C)   Prohibited conduct. It shall be unlawful for a person to own or keep any dog which emits unreasonable noise in the unincorporated area of the county.

   (D)   Enforcement.

      (1)   No violation of this section shall occur unless two independent complaints are lodged. A law enforcement officer who witnesses a dog emitting unreasonable noise may lodge a complaint and his or her complaint may count as one of the two independent complaints.

      (2)   A law enforcement officer shall issue at least one warning to the person who owns or keeps a dog alleged to be emitting unreasonable noise to restrain the dog from emitting further unreasonable noise prior to issuing a citation for violation of this section to the person who owns or keeps the dog. Such warning is intended to be consistent with the warning required to be given to one alleged to have committed disorderly conduct, unreasonable noise, at I.C. 35-45-1-3(2).

      (3)   A person who is found guilty of violating this section shall be subject to the maximum penalty set forth in § 90.99 of this chapter.

      (4)   A law enforcement officer may impound the dog or dogs, as set forth in § 90.04 of this chapter, of a person who has been cited three or more times for violating this section. The person may redeem his or her dog or dogs as provided in § 90.05 of this chapter.

   (E)   Kennels not subject. Kennels are specifically exempted from this section as they are regulated by Ch. 156 of this code of ordinances.

(Ord. 2005-010, passed 9-21-2005) Penalty, see § 90.99