9.08.180 Dog barking and other animal noise.
A. No person shall keep or permit to remain in any premises within the city any animal which continuously and incessantly produces noise at any time during the day or night to the disturbance of any other person.
B. "Continuous and incessant noise" means producing noise for an aggregate period of ten minutes or more duration during any one-hour period which disturbs the peace of another person, including barking, howling, crying, baying, squealing or making any other noise; provided, that at the time of the complaint, no person or persons were trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the animal, or the animal was not being teased or provoked in any manner.
C. An animal control officer shall investigate any reported incident regarding continuous and incessant animal noise.
1. During that investigation, the animal control officer shall compose a report to be permanently retained pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control officer.
2. The animal control officer shall append to the report the statements of witnesses, victims and the animal owner. These statements shall also be signed under penalty of perjury.
3. The animal control officer shall require witnesses, victims and the animal owner(s) to maintain a bark/noise log. The bark/noise log shall list times and durations of barking/noise and shall be signed under penalty of perjury.
D. A rebuttable presumption that an animal has continuously and incessantly produced noise constituting a public nuisance shall be deemed to exist when either of the following occurs:
1. At least two individuals, from separate residences, sign a declaration under penalty of perjury witnessing to facts indicating a violation of this section; or
2. Any law enforcement officer or animal control officer personally witnesses a violation of this section.
E. Such noise constitutes a public nuisance and each day that the animal is suffered or permitted to continue the aforedescribed noise constitutes a separate offense.
(Ord. 2349 NCS §1 (part), 2009; Ord. 2185 NCS §2 (part), 2004.)