Weed Municipal Code Ch. 6.14 Noisy Animals

In this chapter, the following definitions shall apply:

"City" means the city of Weed.

"Person" means an individual, or a corporation or other associated group of individuals or business entities.

"Unreasonably noisy" means noise which is frequently, easily and readily heard on the property of other persons, and which would be disturbing to the normal peaceful use, occupancy or enjoyment, of the property of such other persons, considering the use to which the property is being put, the time of day and other relevant factors.

"Owner" also includes person who have possession or control of an animal.

(Ord. 292-92 §1(part), 1992).

The owner of any animal shall not allow it to bark, howl, whine, or in any other way to be unreasonably noisy, as that term is defined in Section 6.14.010.

(Ord. 292-92 §1(part), 1992).

An animal which is being provoked to make noise by the immediate visible or audible presence of the complaining party, other persons or animals, not within the control of the owner of the animal, shall not be deemed to be unreasonably noisy under this chapter.

(Ord. 292-92 §1(part), 1992).

Prior to being issued a citation pursuant to Section 6.14.020, the owner of the offending animal shall be given a written warning thereof by any police or animal control officer within the city. Such warning notice may be personally delivered to the person in apparent control of the animal, mailed to the owner or mailed to the address where the animal is located, or any combination thereof. Upon any violation thereof after the required written warning has been given, the owner of the offending animal shall be liable for a fine up to one hundred dollars. Upon second or subsequent violation thereof, the owner of the animal shall be liable for up to the maximum fine then specified by state law for punishment of infractions.

(Ord. 292-92 §1(part), 1992).

Any person who shall violate this chapter shall be cited to appear in court to answer the same by method described in Penal Code Section 853.5, or any successor thereto. The citations may be issued upon the complaint of a private person pursuant to Penal Code Section 849, or any successor thereto, if the offense is not committed in the presence of a police officer.

(Ord. 292-92 §1(part), 1992).

Any affected person may bring a civil action against the owner of an animal, based on violation of this chapter, seeking legal and/or equitable relief, if such action is otherwise permitted under the law. Nothing in this chapter shall be deemed to create a cause of action against the city.

(Ord. 292-92 §1(part), 1992).

If any part of this chapter is found to be unenforceable, the other parts shall remain in force insofar as they can be given meaning and effect.

(Ord. 292-92 §1(part), 1992).