§ 416-12.202. Animal noise.

(a)

No person may own, possess, harbor, control, or keep on any premises, a barking dog or other noisy animal.

(b)

"Barking dog" means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. An "extended period of time" means incessant barking for thirty minutes or more in any twenty-four hour period, or intermittent barking for sixty minutes or more in any twenty-four hour period. A dog shall not be deemed a "barking dog" for purposes of this section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property where the dog is situated, or when the dog is being teased or provoked.

(c)

"Noisy animal" means an animal that makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the animal is physically situated in or upon private property. An ''extended period of time" means incessant noise for thirty minutes or more in any twenty-four-hour period, or intermittent noise for sixty minutes or more in any twenty-four-hour period.

(d)

Enforcement. The department may issue an administrative penalty under Article 416-4 .8 to any responsible person for a violation of this section based on either or both of the following:

(1)

An observation of the violation by a department employee.

(2)

A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.

(Ord. No. 2017-12, § II, 6-6-17; Ord. 80-97 § 2).