A. It is unlawful for any person to suffer or permit any dog, cat, fowl or other animal to bark, yelp, howl or create noise in such a manner which unreasonably disturbs the peace of any person(s).

B. Any person who shall keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection A of this section shall be guilty of an infraction for a first offense and for a subsequent second offense. Any person found in violation of this subsection for a third or additional offense shall be guilty of a misdemeanor.

C. An animal kennel regulated by a use permit shall not be subject to the provisions of this section. This section shall not apply to customary animal noises of livestock, horses or other animals kept for agricultural activities in areas including but not limited to farms, ranches and stables or rodeo grounds which are zoned or legally permitted for such purposes.

D. Except as otherwise provided in subsection E of this section, the sheriff or animal control officer, upon receipt of a legitimate complaint affirming that a violation as declared in this section exists, shall notify the keeper of the offending animal and direct that such violation be abated. For a first offense it is the discretion of the sheriff or the animal control officer if a citation for the infraction be issued. However, whether or not a citation is issued, the incident shall be documented as to complainant, date, time and location of the offending animal.

A second complaint from any person within thirty (30) days of the first offense regarding the same animal shall result in a citation being issued. Before issuing the citation the sheriff or animal control officer shall obtain a documented complaint which shall include the identification of the complainant and information setting forth the basis of the complaint.

E. The sheriff or animal control officer may cause an animal to be immediately taken into protective custody by the animal services agency and/or issue a citation with a documented complaint if it is determined by the investigating officer that the complaint and subsequent interviews of the complainant and the keeper, if he or she can be located, that the noise created by the animal cannot be abated or quieted so that it continues to disturb the peace of the complaining person(s). The animal may be taken into protective custody only if the investigating officer determines it can be accomplished without unreasonable risk of injury or damage to the involved parties, the animal or private property.

If the animal is taken into protective custody, the investigating officer shall immediately post written notice on the property from where the animal was taken or by personal service to the owner or keeper. The notice shall include the conditions under which the animal was taken and how the animal can be redeemed per the instructions from the sheriff or animal control agency. (Ord. 07-01 § 1 (part), 2007; Ord. 87-2 § 5(a), 1987)