§ 9.03.040. Noisy animals prohibited.

(a)

It is unlawful for any owner or keeper of any animal to permit such animal, by loud and persistent or habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is declared to be a public nuisance. It shall not be necessary, for the purposes of this Section, to identify and describe the particular animal which is barking, howling or yelping, provided only that it shall be shown who has possession, care, custody or control of the animal.

(b)

In any prosecution for a violation of this Section, the fact that any animal barking, howling or yelping which disturbed any person or neighborhood occurred either:

(1)

Between the hours of 10:30 p.m. and 7:30 a.m.; or

(2)

When none of the residents who reside at the place where the noisy animal is being kept are at home

Shall create a rebuttable presumption that the animal noise was unlawful.

(Ord. 5.06.33.4 §2, 2008)