9.20.040 Animal disturbance noises – Prohibited – Enforcement.
(1) Animal disturbance noises – Prohibited. Subject to the qualifications hereinafter set forth in this section, the keeper of any animal shall not keep or maintain within the city any animal which by frequent repetitive or continuous howling, yelping, barking, braying, whinnying, crying, cackling, crowing, squealing, or the making of any other noises annoys or disturbs the peace and repose of persons of reasonable sensitivities residing, owning property, or employed within a district zoned for residential uses.
(2) Animal disturbance noises – Enforcement. Enforcement of 9.20.040(1) shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed within a residential district affected by the noise complained of. Upon receipt of such a complaint, the procedure for enforcing 9.20.040(1) shall be as follows:
(a) A code enforcement officer or police officer shall verify that the animal disturbance noise complained of is being received at the location in a residential zone district complainant claims it is being received. The opinion of an officer as to the loudness or objectionability of the animal disturbance noise is not material in the enforcement of 9.20.040(1), but the opinion of complainants is material.
(b) After verification, a code enforcement officer or police officer shall make a reasonable attempt to notify the keeper at the location of the source of the animal disturbance noise complained of and inform that person that an animal disturbance noise complaint has been received from a person residing, owning property, or employed in a district zoned for residential purposes, and warn that if other complaints are received a notice or notices of infraction will be issued to the keeper for either a daytime or nighttime animal disturbance noise infraction as set forth in 9.20.040(3) or 9.20.040 (4).
As used in this subsection (b), the term “reasonable attempt” means that a code enforcement officer or a police officer has physically visited the premises from which the animal disturbance noise complaint has generated and personally notified or attempted to notify the keeper that an animal disturbance noise complaint has been received. If a code enforcement officer or police officer cannot find a keeper on the premises to notify that an animal disturbance noise complaint has been received, the requirement of a reasonable attempt to do so has been satisfied if the officer leaves a warning notice of infraction in a conspicuous place on the premises.
(c) Upon receipt of a second identifiable complaint within the applicable time periods set forth in 9.20.040(3) or 9.20.040(4) from a person other than a first complainant who resides in a different residence, owns different property, or is employed at a different location than that of a first complainant, a code enforcement officer or police officer after verification of receipt of the animal disturbance noise at the second location and without further warning shall issue a notice of infraction to the keeper of the animal or animals causing the animal disturbance noise.
(d) The observations of a code enforcement officer or police officer satisfy the requirement for a second identifiable complaint without need for further warnings.
(3) Daytime animal disturbance noise. Animal disturbance noise complaints received between the hours of 7:00 o'clock a.m. to 10:00 o'clock p.m. on any given day shall be considered as daytime animal disturbance noise complaints.
(4) Nighttime animal disturbance noises. Animal disturbance noise complaints received between the hours of 10:00 o'clock p.m. on any given day to 7:00 o'clock a.m. on the following day shall be considered as nighttime animal disturbance noise complaints.
(5) Failure to comply – daytime; nighttime.
(a) Daytime. Each daytime animal disturbance noise complaint received from a different identifiable complainant during the same daytime period after the issuance of a daytime notice of infraction shall be cause for issuing subsequent notices of infraction for a daytime animal disturbance noise without the necessity of giving another warning prior to issuing any subsequent daytime notices of infraction. These subsequent daytime notices of infraction shall be issued for failure to comply with the original daytime notice of infraction.
(b) Nighttime. Each nighttime animal disturbance noise complaint received from a different identifiable complainant during the same nighttime period after the issuance of a nighttime notice of infraction shall be cause for issuing subsequent notices of infraction for a nighttime animal disturbance noise without the necessity of giving another warning prior to issuing any subsequent nighttime notices of infraction. These subsequent nighttime notices of infraction shall be issued for failure to comply with the original nighttime notice of infraction. (Ord. 14-13 §9, 2014; Ord. 00-25 §7, 2000; Ord. 99-41 §9, 1999; Ord. 90-20 §2, 1990; Ord. 87-6 §4, 1987).