§ 20-21. Prohibited particular animal nuisances.
(a)
It shall be unlawful for the owner or any person having custody of an animal to allow the animal, when it is not in a solid enclosure sufficient to baffle loud noises and render them reasonably unobjectionable, to bark, meow, whine, crow, howl, or to make other sounds common to its species which are an interference with the reasonable use and enjoyment of neighboring premises and objectionable to reasonable persons of ordinary sensibilities, continuously for a period of one-half hour or longer on any one occasion.
(b)
Each violation under subsection (a) of this section shall constitute a separate violation. The town may cite or provide notice of violation of subsection (a) of this section when either it has received, from an adult witness, a sworn affidavit attesting to the animal's having committed a nuisance pursuant to subsection (a) or (b) of this section, or the citing animal care and control code enforcement officer, town police officer, other person duly authorized to issue notices or citations has witnessed the commission of such nuisance violation of subsection (a) of this section.
(c)
It shall be unlawful for the owner or any person having custody of an animal to permit the animal, either willfully or through failure to exercise due care or control:
(1)
To commit a nuisance by barking, meowing, whining, crowing, howling, or making other sounds common to its species which are an interference with the reasonable use and enjoyment of neighboring premises and objectionable to reasonable persons of ordinary sensibilities, habitually. For the purposes of this article, the term "habitually" shall be defined as totaling at least two different times within a time span of no more than seven full calendar days and no less than 12 hours.
(2)
To commit within no more than 30 full calendar days and no less than 12 hours after the commission of the last act because of which the animal was the subject of a previous citation under subsection (c)(1) of this section a further act of the same sort for which said previous citation or notice was issued.
(d)
The town, through its animal care and control or code enforcement officer, town police officer, or other person duly authorized to issue notices or citations, may cite or provide notice of violation of subsection (c)(1) or (c)(2) of this section when, and only when, either it has received at least one sworn affidavit from an adult witness attesting to the animals' having committed a nuisance violation of subsection (c)(1) or (c)(2) of this section, or the citing town employee or officer authorized to issue notices of violations or citations has witnessed the commission of such violation.
(Code 1999, § 17-2.1; Ord. No. 14-96, § 2, 8-13-1996)