§ 2-4-12. Nuisance dogs and cats.

(a)

Any feces deposited by a dog or cat on public property, public walks, recreation areas, or the private property of others, must be immediately removed by the person who has custody or control of the animal unless otherwise authorized by the property owner.

(b)

No dog or cat shall materially disturb the peace and quiet or interfere with the enjoyment of life or property by persistent or repetitive barking, yelping, whining, howling, meowing, squealing, screaming, or causing other objectionable noise for a persistent period of time exceeding ten (10) minutes or for a repetitive period of time which cumulatively exceeds ten (10) minutes within a one hundred twenty-minute period of time.

(1)

The following illustrations are offered by way of example and not limitation:

a.

A dog or cat that causes any objectionable noise exceeding ten (10) minutes at any one time such as the dog that barks and barks because it does not want to be outdoors or it sees the dog or cat next door. This persistent barking may be a violation of this ordinance.

b.

A dog or cat that causes any objectionable noise cumulatively exceeding ten (10) minutes within a one hundred twenty-minute period of time such as the dog that barks for five (5) minutes at someone walking nearby, four (4) minutes at someone riding their bicycle, three (3) minutes at the mailman delivering mail, and two (2) minutes at the birds flying by, all within a two-hour time period. This repetitive barking may be a violation of this ordinance.

(2)

Procedures are hereby set forth for the proper enforcement of this part:

a.

The division must receive a formal complaint, including the name and address of the complainant in order that verification can be made by the responding animal services officer.

b.

The responding animal services officer, upon his or her initial response to the location of a reported violation must first issue, or post in a conspicuous place, a courtesy notice of complaint that such a violation of this section has been reported. By issuance or posting of the notice, it will ensure the owner or custodian of the dog or cat is aware of the reported violation and has seventy-two (72) hours from the time of issuance or posting to correct the violation.

c.

If after seventy-two (72) hours a subsequent complaint is received, a civil citation may be issued as authorized by this ordinance. Prior to a citation being issued, the division must be in receipt of affidavits alleging a violation of this section from the owners or occupants of no less than two (2) different lots or nearby residences or, if the investigating officer has reason to believe a violation exists, that officer's assessment may replace one of the required affidavits. Each affidavit must be made under oath before an individual authorized by law to take acknowledgements, and must set forth the nature and date of the violation, the owner or custodian of the dog or cat, the address of the violation, and a description of the dog or cat.

d.

If the reported violation is repetitive, or pre-existing complaints are on file regarding a particular address, and it is evident the same animal owner resides at the reported address, the seventy-two-hour time period may be waived. The animal owner will not receive another notice, and the investigative process may commence.

(c)

The owner shall not be found in violation of subsection (b) of this section, if at the time of the objectionable noise described herein, a person commits a crime, tort or trespass upon premises occupied by the owner of the dog or cat or was teasing, tormenting, abusing, or assaulting the dog or cat.

(d)

No owner of an animal boarding facility shall be subject to the provision of this section as it relates to dogs or cats which bark, yelp, whine, howl, meow, squeal, scream, or cause other objectionable noise.

(Ord. No. 12-10, § 1, 5-8-12)