§ 6.04.180. Disturbing the peace prohibited.

A.

For purposes of this section, the following terms shall have the meanings indicated below:

1.

Excessive, continuous or untimely means barking, howling, yelping, crying, whining, honking, braying, screeching or other similar noise, audible beyond the boundaries of the property from which such sounds are emanating, to the discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons of ordinary sensibilities residing in the neighborhood.

2.

Excessive means noise as identified in subsection (A)(1) of this section which is repeated at least five times per minute for a period of twenty minutes.

3.

Continuous means noise as identified in subsection (A)(1) of this section which is repeated at least ten times per minute for a period of ten minutes.

4.

Untimely means noise as identified in subsection (A)(1) of this section which is audible within a residence not located on the property from which the noise is emanating, and is repeated at least ten times during any fifteen-minute period between the hours of eleven p.m. and six a.m.

B.

No person shall own or harbor within the corporate limits of this city, any animal which unreasonably disturbs the public's peace and quiet by emanating excessive, continuous or untimely noise; provided, however, that nothing contained in this section shall be construed to apply to reasonable noises emanating from legally operated animal hospitals, animal shelters, humane societies, or farm or agricultural facilities.

C.

It shall be a defense to any violation of subsection B of this section that such noise is or was provoked, encouraged, evoked, instigated, incited or elicited by one or more of the following:

1.

One or more noises emanating from trains, sirens or emergency vehicles;

2.

One or more sounds or acts of a person, made or caused with the intention to annoy, harass, irritate, excite, provoke or cause harm to the animal;

3.

The presence or sounds of one or more animals located on real property not owned or maintained by the owner or caretaker of said animal; or

4.

The entrance or intrusion upon or into, or the attempted entrance or intrusion upon or into, any real property or structure owned or maintained by the animal's owner or caretaker, by a person or animal not residing or maintained thereon or therein.

D.

It shall be a violation of this section for any person to own or harbor any animal which causes damage or destroys property belonging to someone other than the owner or caretaker of such animal.

E.

The affirmation by any two persons having separate residences, or by any one peace officer without further corroboration, that the animal is in violation of this section in one of the ways mentioned in subsection B or subsection D, shall constitute prima facie evidence of a violation of this section.

(Criminal Code, § 13-1416; Ord. No. 1979-8, § 1 (part), 1979; Ord. No. 86-01-01, § 1, 1986; Ord. No. 95-10-42, § 1, 1995)