§ 4-24. Nuisances prohibited.

(a)

It is unlawful for any owner to keep a nuisance dog or cat. For the purposes of this section, a nuisance dog or cat is one which:

(1)

Habitually barks, cries or howls;

(2)

At any time has attacked or bitten a person off the owner's premises;

(3)

At any time has destroyed property or habitually trespasses in a damaging manner on property of a person other than the owner;

(4)

Is vicious or shows vicious habits or molests pedestrians or recreational conveyances users, or interferes with the driving of automobiles on public streets;

(5)

Frequents school grounds, public parks or beaches.

Failure of the owner or custodian of a dog or cat to prevent the dog or cat from committing such a nuisance is a violation of this Code.

(b)

Barking dogs. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries or makes other noise excessively so as to cause disturbance or discomfort to an individual provided that such noise lasts for a period of more than five (5) minutes continuously or intermittent barking that continues for more than an hour and is plainly audible from a distance of one hundred (100) feet or more from the premises where the dog is kept. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located.

(c)

Seizure of barking dogs noise abatement. Any police officer or animal control officer may enter upon private property and seize any barking dog provided that the following conditions exist:

(1)

There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the barking;

(2)

The officer reasonably believes that the barking meets the criteria in section 4-24(b);

(3)

The officer can demonstrate that there has been at least one previous complaint of a dog barking at this address on a prior date;

(4)

The officer has made reasonable attempts to contact the owner of the dog(s) or the owner of the property and those attempts have either failed or have been ignored;

(5)

The seizure will not involve forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other person authorized to have such a key shall not be considered as a forced entry;

(6)

No other less intrusive means to stop the barking is available; and

(7)

Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible.

(d)

Disposition of seized barking dog. Any dog seized under the provisions of section 4-24(c) shall be taken to the animal shelter and kept there to be reclaimed by the owner. No impound fees shall be charged unless the circumstances indicate that the owner failed to cooperate with or obstructed an animal control officer's or police officer's attempts to abate the noise through other less intrusive means. The owner shall pay all other required fees. Any dog seized under section 4-24(c) which is unclaimed my be disposed of according to the provisions of section 4-23.

(Ord. No. 98-9, 10-19-98)