§ 10.40

(a) Any animal that barks, howls, whines, and/or makes other loud, disturbing noises, whether within a building or enclosure, while tied, while otherwise confined, or while at large upon any public street, sidewalk, improvement, park, other public place, or private property, and which noise disrupts the public peace or causes discomfort or annoyance to any reasonable person of normal sensitiveness within in the area of the animal, shall be considered a public nuisance. Disturbing noise shall mean continuous barking, howling, whining, and/or other loud noise made by an animal for a period of 10 minutes, or intermittent barking, howling, whining, and/or other loud noise made by an animal with breaks of five minutes or less for a continuous 30 minute period. An animal shall not be deemed to be a public nuisance for purposes of this Subsection A if, at any time the animal is making disturbing noises, a person is trespassing or threatening to trespass upon private property in or upon which the animal is located, or when the animal is being teased or provoked. Further, any animal (or animals) which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, or damages and/or trespasses on private or public property, shall be considered a public nuisance.

(b) No person shall maintain, permit, or allow a public nuisance to exist upon his or her property or premises, premises occupied or leased by him or her, or public property. Every person who maintains, permits, or allows a public nuisance to exist in violation of this Subsection B, after reasonable notice in writing from the department of animal care and control has been served upon such person to cease such nuisance, is guilty of a misdemeanor. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense.

(Ord. 462, § 1; Ord. 613, § 4; Ord. 677, § 1; Ord. 18-862, § 2; Ord. 20-903, § 1)