§ 17.10.015. Animals creating disturbance or nuisance.

A.

It shall be unlawful for any owner or custodian of an animal to permit it to make chronic animal noise.

1.

The animal care and control center may, upon receiving a complaint alleging chronic animal noise, issue a written notice to comply to the animal owner or custodian. The notice shall contain:

a.

The definition of chronic animal noise.

b.

The nature and times of the complaint.

c.

Penalties for violation.

d.

Means and methods of curtailing chronic animal noise.

e.

Time permitted to comply with the notice.

2.

If the violation continues after the time permitted by the notice to comply, a NOV may be issued in accordance with section 4 below.

3.

An animal owner issued three or more NOV's within one year period may be required to forfeit an animal to the municipality, except as provided below. The chief animal control officer may elect to make the animal available for adoption. Adoption must be made to a person other than the owner, custodian, or person residing on the owner or custodian's premises.

a.

A forfeiture order shall not be sought against an owner who has taken verifiable steps to correct the problem prior to receipt of a third NOV within the one year period. Verifiable steps include, but are not limited to, debarking of the cited animal, acquisition and use of a barking control device, or structural modification of the property where the animal is kept so as to reduce noise. To the extent that such efforts are not successful, the owner may be subject to additional citations and fines as provided in chapter 17.70.

4.

NOV's for chronic animal noise shall only be issued after receipt of a. or b. below, and completion of an investigation by animal control:

a.

A written statement to the animal care and control center, signed by two or more persons living at different addresses, both in the immediate neighborhood of the animal making the chronic animal noise, one of whom must be both the statement preparer and the original complainant; or

b.

A written statement to the animal care and control center, signed by one person living in the immediate neighborhood of the chronic animal noise, where additional date and time specific evidence is provided.

B.

No owner or custodian of an animal shall permit the animal's feces to be left on public or other person's private property.

C.

No owner or custodian of an animal shall permit it to upset garbage on public or private property.

(AO No. 2001-158(S-4), § 1, 1-1-03; AO No. 2004-86, § 2, 5-18-04; AO No. 2008-96, § 1, 9-16-08; AO No. 2013-142, § 2, 12-17-13)