Knowledge Base

(a)

Nuisance. It shall constitute a nuisance and be unlawful if any dog barks, whines, howls, bays, cries or makes other noise excessively so as to cause annoyance, disturbance or discomfort to any reasonable person of ordinary sensibilities, provided that such noise lasts for a period of more than five minutes continuously or intermittent barking that continues for more than one hour and is plainly audible outside the property limits of where the dog is kept. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located.

(b)

Penalty. A first time violation of this section shall be deemed a petty misdemeanor.

(c)

Seizure; noise abatement. Any police officer or animal control officer may enter onto private property and seize any barking dog, provided that the following conditions exist:

(1)

There is an identified complainant other than the police or animal control officer making a contemporaneous complaint about the barking;

(2)

The officer reasonably believes that the barking meets the criteria set forth in subsection (a) of this section;

(3)

The officer can demonstrate that there has been at least one previous complaint of a dog barking at this address on a prior date;

(4)

The officer has made reasonable attempts to contact the owner of the dog or the owner of the property and those attempts have either failed or have been ignored;

(5)

The seizure will not involve forced entry into a private residence. Use of a passkey obtained from a property manager, landlord, innkeeper, or other person authorized to have such a key shall not be considered as a forced entry;

(6)

No other less intrusive means to stop the barking is available; and

(7)

Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible.

(d)

Disposition of seized animals. Any dog seized under the provisions of subsection (c) of this section shall be taken to the animal control shelter and kept there to be reclaimed by the owner. No impound fee shall be charged unless the circumstances indicate that the owner failed to cooperate with or obstructed an animal control or police officer's attempts to abate the noise through other less intrusive means. The owner shall pay all other fees required under section 3-1-13. Any dog seized under subsection (c) of this section which is unclaimed may be disposed of according to the provisions of section 3-1-14.

(Code 1965, § 106A.10)