[Ord. No. 241 §§1 —
2(1.1), 1-13-2003]
These rules and regulations arc enacted for the purpose of regulating
the ownership and possession of animals in order to protect and promote
the public health and safety and prevent the entrance of infectious,
contagious, communicable or dangerous diseases into City of Dearborn,
Missouri.
[Ord. No. 241 §§1 —
2(1.2), 1-13-2003]
These regulations are enacted under authority vested in the
City of Dearborn, Missouri, by Missouri Statutes.
[Ord. No. 241 §§1 —
2(1.3), 1-13-2003]
As used in these rules and regulations, unless the context clearly
indicates otherwise, the following words and terms shall have the
following meanings:
Any individual employed or appointed to enforce the animal
control regulations enacted by the Board of Aldermen of Dearborn,
Missouri.
A veterinary clinic or veterinary hospital operated under
the ownership or supervision of a State licensed veterinarian.
Any abrasion or laceration caused by the teeth of a dog,
cat or other biting animals sufficient to break the skin.
Dearborn, Missouri.
Any animal which exhibits aggressive, threatening behavior
which creates a reasonable risk and/or fear of attack.
Lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain
lion, Canada lynx, bobcat, jaguarundi, bear, hyena, wolf, coyote,
skunk, raccoon, non-human primate or dangerous or poisonous reptile
or any other animal declared by the Animal Control Officer to be dangerous.
Any cat of any breed that is or becomes undomesticated, untamed,
wild or is not a pet.
A property interest in an animal, actual or claimed, or the
exercise of dominion or control over an animal or the intent to exercise
dominion or control over an animal with the present ability to do
so.
Any natural person, business entity of any type, corporation,
trust, association of any type or any agent, officer or employer of
any of the foregoing.
The most current edition of a document by that name published
by the National Association of State Public Health Veterinarians which
serves as a standard for rabies vaccine, treatment and policy.
Any person as herein defined who or which is physically present
within City of Dearborn, Missouri, for more than thirty (30) successive
days regardless of the reason for such presence.
Any dog whose ownership is unknown.
All duly platted and recorded residential subdivisions and
mobile home parks (as defined in the Platte County Zoning Regulations)
containing eight (8) or more developed residential lots or any incorporated
municipality or village located in whole or in part within Platte
County which has entered into a contract with Platte County for animal
control services consistent with this Chapter.
Any dog of any breed which without provocation or command
bites or injures a human being or exhibits a pattern of behavior of
biting or attacking or attempting to bite or attack human beings or
other domesticated animals. For the purposes of this Section, where
the dog has bitten any person, persons or animal on two (2) or more
separate occasions without provocation, it shall be prima facie evidence
that said dog exhibits a pattern of behavior of biting or attacking
and is a vicious dog.
[Ord. No. 241 §§1 —
2(1.4), 1-13-2003]
A.
General. Any person who owns or possesses an animal subject
to this Section and Subsections thereof shall abide by the following
regulations for animal care.
B.
Vicious Dogs. No person shall own or possess a vicious
dog except in accordance with the following requirements:
1.
Vicious dog confinement. All vicious dogs shall
be securely confined within a building or in a securely enclosed and
locked kennel.
2.
Standards for vicious dog kennels. A kennel used
for keeping a vicious dog must have secure sides of at least six (6)
feet in height and a secure top attached to the sides to prevent escape.
Such kennel must have a secure bottom or floor attached to the sides
of the kennel or the sides of the kennel must be embedded in the ground
no less than two (2) feet. The ground beneath the gate shall be secured
by posts embedded into the ground no less than one (1) foot with the
bottom of the gate being no more than two (2) inches above the ground.
The kennel shall be of a size appropriate to the size of the dog(s)
kept therein and shall provide adequate ventilation, shade from the
sun and protection from the elements. In the event of a dispute over
the appropriate size, the guidelines of the United States Department
of Agriculture shall apply. The kennel must be locked with a key or
combination lock when such animals are within the structure. Any such
kennel must comply with applicable zoning and building regulations.
3.
Building confinement of vicious dogs. When confined
within a building, no vicious dog may be kept on a porch, patio or
in any part of a building that would allow the dog to leave such building
on its own volition. No such dog may be kept in a building when windows
are open or when screen windows or screen doors are the only obstacle
preventing the dog from leaving the building.
4.
Control of vicious dogs. No person shall permit
a vicious dog to go outside its kennel or building unless the dog
is muzzled and restrained by a leash no longer than four (4) feet
in length and that person has physical control of the leash. The muzzle
shall be made in a manner that will not cause injury to the dog or
will not interfere with its vision or respiration, but shall prevent
it from biting any human or animal. Such dogs shall not be leashed
to inanimate objects such as trees, posts or buildings.
5.
Vicious dog signage. Signs shall be conspicuously
posted upon kennels of vicious dogs plainly visible from all sides
in letters at least four (4) inches high stating the following: "Beware
of Dangerous Dog".
6.
Liability insurance for vicious dogs. All persons
who own or possess a vicious dog must present to the Animal Control
Officer, upon demand and reasonable notice, proof of public liability
insurance in a single incident amount of fifty thousand dollars ($50,000.00)
for bodily injury to or death of any person or persons or for damage
to property, which may result from the ownership or possession of
such dog. Such insurance policy shall provide that no cancellation
of the policy will be made unless ten (10) days' written notice is
first given to the Animal Control Officer.
7.
Classification of dog as vicious. Any Animal Control
Officer who finds any dog to be a vicious dog, as the term is defined
in these regulations, shall make a written finding thereof and serve
notice of that finding as well as a requirement to comply with those
regulations as they apply to vicious dogs upon the owner or possessor
of such animal as soon as reasonably practicable. Any owner or possessor
of a dog found to be a vicious dog as herein prescribed may contest
that determination by filing a written request with the City of Dearborn
Board of Aldermen to review and set aside that determination within
three (3) business days of being served with notice of the determination.
The City of Dearborn Board of Aldermen shall schedule an informal
hearing with the owner or possessor of a dog subject to such determination
within (5) business days of receipt of such request for review. The
City of Dearborn Board of Aldermen at such hearing shall receive all
relevant evidence presented by such owner/possessor as well as the
Animal Control Officer making such determination and shall decide
at the conclusion of the hearing whether to affirm or set aside the
determination. Any final decision of the City of Dearborn Board of
Aldermen shall be in writing stating the facts upon which it is based
and whether under these regulations such dog is in fact a vicious
dog. Any further appeals thereafter shall be as provided by law. Any
final determination by the City of Dearborn Board of Aldermen that
a dog is a vicious dog as defined in these regulations or any such
determination by an Animal Control Officer to which no timely request
for review is made shall create a conclusive presumption that the
dog determined to be a vicious dog is in fact and in law a vicious
dog as defined in this Chapter for purposes of any legal proceedings
after such final determination applicable to such dog or owner or
possessor thereof. However, a finding that a dog is a vicious dog
pursuant to the provisions of this Section shall not be a condition
precedent to institution of any civil, quasi-criminal or criminal
proceeding under this Chapter or any other provision of law. In any
legal proceeding where a final determination has not been made pursuant
to this Section, the question of whether or not a dog is vicious shall
be a factual issue to be determined as a part of such proceeding.
8.
Destruction of vicious dogs. A vicious dog shall
be ordered humanely destroyed by order of the Dearborn Municipal Court
if such court finds after hearing that a dog is vicious as the term
is defined in this Chapter by presumptions or otherwise and that one
(1) of the following factors are applicable:
a.
The owner or possessor of such vicious dog has previously pled guilty
to or been found guilty of any offense pertaining to such dog which
involves failing to adequately confine or control such dog, or
b.
The owner or possessor has factually failed to comply with the provisions
of these regulations pertaining to the confinement and control of
vicious dogs on one (1) or more occasions after such dog has been
determined to be a vicious dog and the owner or possessor was served
with notice thereof, or
c.
The vicious propensities of the vicious dog are such that such dog
presents an imminent threat to the public health and safety, or
d.
The vicious dog has seriously injured or killed a human being.
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An order of destruction provided for in this Section may be
sought and obtained in an independent civil equitable proceeding or
requested as relief as a part of any quasi-criminal or criminal proceeding
applicable to a vicious dog or owner or possessor thereof. The owner
or possessor of a vicious dog shall be liable for the expenses of
impoundment, boarding and destruction as authorized by this Section.
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C.
Vaccinations For Dogs, Cats And Ferrets. No person shall
own or possess a dog, non-feral cat or ferret over three (3) months
of age, within the City, unless such dog, cat or ferret is kept vaccinated
appropriately with a vaccine approved and listed in the current year's
Rabies Compendium and administered as specified therein.
D.
Confinement And Control Of Dogs In Urban Service Areas. It shall be unlawful for any dog to be unconfined or unrestrained
or for any person who owns or possesses a dog to permit such dog to
be within an urban service area unconfined or unrestrained, unless
such dog is:
1.
On real estate owned or lawfully possessed by such owner or possessor,
or
2.
In a motor vehicle being driven or parked upon a public road, or
3.
Engaged with its owner or possessor in hunting or training, or
4.
Under the immediate control of its owner or possessor by means of
a leash. The provisions of this Subsection are not intended, nor shall
be construed, to abrogate or modify any other provisions of law pertaining
to trespass or the rights and privileges pertaining to the ownership
or possession of real or personal property. This Section shall not
apply to the use of dogs by the seeing or hearing impaired.
E.
Confinement And Control Of Dogs Near Schools And Churches. It shall be unlawful for any dog to be unconfined or unrestrained
or for any person who owns or possesses a dog to permit such dog to
be unconfined or unrestrained within five hundred (500) feet of a
school building, unless such dog is:
1.
On real estate owned or lawfully possessed by such owner or possessor,
or
2.
In a motor vehicle being driven or parked upon a public road, or
3.
Engaged with its owner or possessor in hunting or training or,
4.
Under the immediate control of its owner or possessor by means of
a leash.
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The provisions of this Subsection are not intended, nor shall
be construed, to abrogate or modify any other provisions of law pertaining
to trespass or the rights and privileges pertaining to ownership or
possession of real or personal property. This Subsection shall not
apply to the use of dogs by law enforcement agencies or to lawful
self-defense of person. This Subsection shall likewise not apply to
the use of dogs by the seeing or hearing impaired.
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F.
Permitting Dogs To Bite Or Attack Prohibited — Exceptions. No person who owns or possesses a dog shall permit such dog to bite
or attack another human being or domesticated animal. This Subsection
shall not apply to the use of dogs by law enforcement agencies or
to lawful self-defense of person.
G.
Identification Of Dogs. It shall be the responsibility
of the owner or possessor of any dog to put around the neck of the
animal a collar to which shall be attached a tag identifying the owner
or possessor as well as proof of current rabies vaccination. Other
forms of identification are permitted provided the identifying information
is apparent and readable.
H.
Abandonment Of Dogs. It shall be a violation of this Chapter
to abandon any dog within the City of Dearborn, Missouri. For the
purposes of this Chapter, "abandon" means for the
owner or possessor to leave a dog without demonstrated intent to retain
custody or to turn out or release a dog for the purpose of causing
it to be impounded.
1.
Impoundment of abandoned or stray dogs. The Animal
Control Officer, at his/her sole discretion, may impound a stray dog
or a dog that has been abandoned where it appears that the stray dog
or abandoned dog constitutes a threat to humans or livestock, is at
risk of starvation or for any other humane reason or reason consistent
with the purpose of this Chapter.
I.
Removal Of Dead Or Wounded Dogs Or Cats. It shall be the
responsibility of any owner or possessor of any dog or cat having
been wounded or killed to seek immediate care for such animal and/or
make appropriate arrangements for the removal of the dead animal.
When the owner or possessor of a dead animal is unknown, removal is
the responsibility of the owner of the property on which the animal
is found. When the owner or possessor of a wounded animal is unknown,
the Animal Control Officer shall pick up the animal and transport
it to an animal shelter established pursuant to Section 205.060(3)
where it will be humanely euthanized or treated at the direction and
discretion of the Chief Animal Control Officer following consultation
with a State licensed veterinarian. It shall be the duty of the Animal
Control Officer to pick up dead or wounded animals when a person has
been bitten and/or the head of the animal must be submitted to the
State laboratory for rabies examination.
J.
Care And Treatment Of Animals. It shall be the responsibility
of any owner or possessor of any animal to provide humane care appropriate
for the animal including, but not limited to, adequate shelter, food,
water and living space.
[Ord. No. 241 §§1 —
2(1.5), 1-13-2003]
All dangerous exotic animals shall be registered, licensed or
permitted as lawfully required by the Missouri Department of Conservation,
the United States Department of Agriculture or such other applicable
Federal, State of Missouri or County agency; in the event no Federal,
State of Missouri or County agency requires registration, licensing
or permitting of a particular exotic animal, then such animal shall
be registered with the Animal Control Officer. The provisions of this
Section shall not apply to a properly maintained zoological park,
circus, scientific or educational institution, research laboratory
or veterinary hospital.
[Ord. No. 241 §§1 —
2(1.6), 1-13-2003]
A.
The
provisions of these rules and regulations shall be administered as
follows:
1.
Officials — appointment and duties. The provisions
of this Chapter shall be administered by the Platte County Sheriff
with the advice and consent of City of Dearborn, Missouri. The Platte
County Sheriff is hereby authorized to appoint or designate such other
officials, with the advice and consent of the City of Dearborn, Missouri,
for the purpose of assisting the Platte County Sheriff in administering
or enforcing the provisions of this Chapter.
2.
Animal Control Officers — appointment and duties. The Platte County Sheriff, with the advice of the City of Dearborn,
Missouri, shall appoint one (1) or more persons as Animal Control
Officers whose duty it shall be to enforce the provisions of this
Chapter. Animal Control Officers shall be employees of the Platte
County, Missouri, in accordance with the personnel rules and regulations.
If more than one (1) person is appointed as an Animal Control Officer,
the Platte County Sheriff shall designate one (1) person as Chief
Animal Control Officer.
a.
Records to be kept. The Animal Control Officer
shall keep a record of all official transactions. Impoundment records
shall disclose the time and date when any animal is impounded, a description
of the same, where found, if redeemed, by whom and when and if sold,
a record of the notice, sale and the name and address of the person
to whom sold. In addition, it shall be the duty of the Animal Control
Officer to keep records of all complaints and all dogs and cats put
to death, sold or released to a humane society under the provisions
of this Chapter, which record shall be at all times open to inspection
b.
Disposition of money. All fees and money received
by the Animal Control Officer shall be paid to the City of Dearborn,
Missouri, and thereafter utilized for operations of the City and accounted
for in the same manner as provided for other money coming to the City.
c.
Right to enter. The Animal Control Officer shall
have the right to enter upon any property or lot for the purpose of
fulfilling his/her duties under this Chapter. This authority includes
the right to enter uninhabited or appurtenant structures as provided
by law.
d.
Authority. Upon receipt of a signed official complaint
form by any person or upon personal observation by the Animal Control
Officer or his/her representative that an owner or possessor is violating
this Chapter, the Animal Control Officer may issue a written warning
to the owner or possessor. In the event of a second (2nd) violation,
the Animal Control Officer or his/her representative may impound the
owner's or possessor's animal and/or charge the owner or possessor
thereof with a violation under this Chapter. If the owner or possessor
of an animal running at large is unknown, the Animal Control Officer
will impound the animal. Notwithstanding any of the provisions of
this Chapter, if, in the opinion of the Animal Control Officer, a
dangerous animal cannot be taken up and impounded under normal procedures,
the Platte County Sheriff or his/her authorized representative may
authorize that such animal be tranquilized or killed by the Animal
Control Officer or another authorized representative of the Platte
County Sheriff.
3.
Animal shelter — establishment. The Platte
County Commission shall provide an animal shelter or shelters for
the reception and humane care of impounded animals and for this purpose
may contract with any governmental entity, not-for-profit corporation,
association, animal hospital or veterinary hospital upon such terms
and conditions as are mutually deemed appropriate.
4.
Interference with Animal Control Officers prohibited. No person shall knowingly interfere with any person appointed under
the provisions of this Chapter in the performance of his/her official
duties as prescribed by this Chapter or as provided by State law.
5.
Refusal to deliver animals to Animal Control Officers prohibited. No person shall refuse to deliver an animal to an Animal Control
Officer when requested to do so under impoundment provisions of this
Chapter.
6.
Removal of animals from Animal Control Officers or shelters
prohibited. No person shall remove an animal from the custody
of an Animal Control Officer or County animal shelter by force, deceit
or otherwise, when such animal has been impounded by such officer
under the provisions of this Chapter or State law unless such person
has first obtained the express consent from such officer for removal.
[Ord. No. 241 §§1 —
2(1.7), 1-13-2003]
A.
Animals
subject to the provisions of this Chapter or State law may be impounded
in accordance with the following regulations:
1.
Impoundment — general. Any animal owned,
possessed or otherwise found to be in violation of this Chapter or
other provision of State law may be impounded and placed in an animal
shelter by an Animal Control Officer, a Law Enforcement Officer or
other person authorized by law to impound animals. The owner or possessor
of a dog or any other animal captured due to violations of this Chapter
shall be responsible for the cost of keeping said dog or other animal
whether or not said animal is redeemed. These costs must be paid prior
to the release of said dog or other animal.
a.
Notification. The Animal Control Officer shall,
after the impounding of any animal, promptly attempt to provide notice
by telephone and also provide notice in writing to the owner or possessor
if such owner or possessor can be identified by the tags or registration
required in this Chapter. "Notice in writing" means
notice deposited as first class mail in the United States mail and
addressed to the owner or possessor at his/her last known address.
No liability shall be attached to the City nor any agents or employees
of the City, including the Animal Control Officer, in cases where
no such identification or registration exists.
2.
Dog, cat or ferret impoundment for observation. Any dog, cat or ferret which bites or otherwise injures any human being shall be impounded for observation under the requirements of Subsection (5).
3.
Impoundment of suspected rabies carrier. Any warm-blooded
animal other than a dog, cat or ferret which is reasonably suspected
to be infected with rabies in the opinion of an Animal Control Officer
may be seized, impounded and upon direction of the Platte County Sheriff
may be humanely euthanized and submitted for rabies diagnosis. Any
warm-blooded animal which is reasonably suspected to be infected with
rabies in the opinion of an Animal Control Officer may be destroyed
upon direction of Platte County Sheriff, if the attempted seizure
of the animal would constitute an unreasonable risk to an Animal Control
Officer or others.
4.
Redemption and disposal of impounded animals. Unless otherwise specified herein, any animal impounded pursuant to the provisions of Subsection (1) of this Section may be redeemed by its owner or possessor at the place of impoundment during normal business hours with authorization of the Animal Control Officer by payment of normal and customary charges imposed by the facility for the impoundment and boarding of such animal provided the owner or possessor thereof proves to the satisfaction of the supervisor of the facility or Animal Control Officer that he/she has complied with the provisions of Section 205.040(C) of this Chapter, if applicable. The Animal Control Officer shall make a reasonable effort, consistent with Subsection (1)(a) above, to identify and notify the owners or possessors of the impoundment of their animals and of the redemption and disposal procedures prescribed herein. Any animal which is not redeemed within five (5) business days after impoundment under Subsection (1) may be disposed of as follows at the discretion of the Platte County Sheriff:
a.
Release to any person. Release (adoption) of the animal to any person desiring such animal upon payment of any applicable impoundment and boarding charges and compliance with Section 205.040(C), if applicable, provided that said person will sign a statement agreeing to provide humane care for the animal and to not permit its use for laboratory or experimental purposes and provided that if the animal is not already spayed or neutered, payment of the cost for spaying or neutering by the animal shelter.
b.
Release to humane society. Release of the animal
to a humane society at no charge.
c.
Euthanasia. Humane euthanasia after a total of
ten (10) business days provided the owner or possessor cannot be notified
of impoundment after reasonable effort to notify the owner or possessor,
or the owner or possessor thereof fails to redeem such animal within
the redemption period after notification thereof. No owner or possessor
shall be relieved of liability for payment of an impoundment or boarding
charge incurred as may be prescribed by law by virtue of an animal
being euthanized as provided herein. Euthanasia shall occur only upon
written direction of the Platte County Sheriff or his/her designee.
5.
Impoundment for observation, disposition. Any animal impounded pursuant to Subsection (2) of this Section shall be securely confined by an Animal Control Officer at a County animal shelter for a period of ten (10) days after the reported bite or injury to a human being for observation for symptoms or manifestations of rabies. If such animal exhibits symptoms or manifestations of being infected with rabies, in the opinion of a licensed veterinarian, then such animal shall be euthanized and submitted for rabies diagnosis upon authorization of the Platte County Sheriff. If such animal exhibits no symptoms or manifestations of rabies after the required observation period, then such animal may be redeemed or disposed of in accordance with the provisions of Subsection (4). The Animal Control Officer may authorize the secure confinement of an animal for the observation period specified above by the owner or possessor of such animal or a licensed veterinarian of the owner's or possessor's choice if it is proven to the Animal Control Officer's satisfaction that such animal had been vaccinated for rabies at the time the bite or injury to a human being occurred and such confinement would not present an unreasonable risk of danger to the public health. Any ferret impounded pursuant to Subsection (2) shall be handled in accordance with the then current Rabies Compendium.
A.
A person
is guilty of animal neglect when he/she has custody or ownership or
both of an animal and fails to provide adequate care or adequate control
which results in substantial harm to the animal.
B.
A person
is guilty of animal abandonment when he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
C.
Animal
neglect or animal abandonment are ordinance violations. For a first
(1st) offense of either violation, a term of imprisonment not to exceed
fifteen (15) days, or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second (2nd)
or subsequent violation of either offense, a term of imprisonment
not to exceed ninety (90) days, or a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines and penalties for a first (1st) conviction of animal neglect
or animal abandonment may be waived by the court provided that the
person found guilty of animal neglect or abandonment shows that adequate,
permanent remedies for the neglect or abandonment have been made.
Reasonable costs incurred for the care and maintenance of neglected
or abandoned animals may not be waived.
D.
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
A.
A person
is guilty of animal abuse when a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care or adequate control.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
Whenever rabies becomes prevalent in the City, the Mayor shall,
according to the necessity of the case, issue a quarantine order,
requiring every owner or person in charge of any dog or dogs within
the limits of the City, to either kill or impound his/her dog or dogs
or to have such dog or dogs immunized. Said order shall be published
once in the paper officially publishing the business of the City and,
in the absence of such paper, shall be posted as in case of sales
of personal property. The Mayor is authorized by proclamation to terminate
any such quarantine whenever, in his/her judgment, the necessity for
it no longer exists.
[Ord. No. 325, 2-13-2017]
A.
All
feces accumulations in any pen, run, cage, yard or other establishment
wherein any animal is kept shall be removed or disposed of in such
a manner as to prevent the breeding of flies and the creation of offensive,
disagreeable or noxious smells or odors.
B.
The
owner or keeper of every animal shall be responsible for the removal
of any feces deposited by such animal on public walks, streets, recreation
areas or private property. It shall be a violation of this Section
for such owner or keeper to fail to remove or provide for the removal
of such feces before taking an animal from the immediate area where
such excretion occurred.
[Ord. No. 318 §2, 3-14-2016]
A.
No person shall own or keep any animal which by making excessive
noise disturbs a neighbor.
B.
The following definitions and conditions shall be specially applicable
to enforcement of the prohibition set out in this Section:
1.
The phrase "excessive noise" shall mean and include any noise
produced by an animal which is so loud and continuous or untimely
as to disturb a neighbor.
2.
The term "neighbor" shall mean an individual residing in a residence
structure which is within one hundred (100) yards of the property
on which the animal is kept or harbored and who does in writing state
that he will testify under oath to the animal making excessive noise.
3.
If a general ordinance summons is issued charging violation
of this Section, a subpoena shall also be issued to the disturbed
neighbor to testify in the matter.
