a. 
It is unlawful for any person to own, possess, harbor, keep, maintain, or permit in or upon any premises within the City any dog, cat, fowl, or other animal or bird to bark, yelp, howl, or create noise in a manner that unreasonably disturbs the peace of any person, unless at the time of the complaint, a person or other animal was trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the animal, or the animal was being teased or provoked in any manner. An unreasonable disturbance shall include, but not be limited to, the making of such noise continuously and incessantly for a period of fifteen minutes within any thirty-minute period, or intermittently for one-half hour or more, to the disturbance of any other person. A person in violation of this section shall be guilty of an infraction, unless the person in violation has been convicted of two violations of this section within the 12 months immediately preceding the violation, in which case the violation may be charged as a misdemeanor.
b. 
In addition to the standards set out in subsection (a) for determining whether animal noise constitutes an unreasonable disturbance, the following factors may be considered in determining whether a violation of the provisions of this section exists:
1) 
The level, intensity, character, and duration of the noise;
2) 
The level, intensity, and character of background noise, if any;
3) 
The time when the noise is occurring;
4) 
The location and zoning district, if known, where the complainant perceives the noise;
5) 
The proximity of the noise to residential sleeping facilities; and
6) 
Whether the noise is recurrent, intermittent, or constant.
a. 
Citation.
1) 
An enforcement officer shall issue a written warning to the animal’s owner or keeper upon a first violation of this section.
2) 
The issuance of a citation for a second or subsequent violations of this section shall be within the discretion of the Animal Service Director or other enforcement officer.
3) 
In no case shall an enforcement officer issue more than one citation in a 24-hour period to the owner or keeper of an animal for multiple violations occurring on the same property within that time period.
4) 
Pursuant to Section 836.5 of the California Penal Code, members of the Oakley Police Department, animal control officers, and code enforcement personnel are authorized to enforce this ordinance and arrest violators thereof. For the purposes of this section only, all personnel authorized to enforce this section are referred to herein as "enforcement officer" or "officer."
b. 
Impoundment.
1) 
The animal control officer and any other person authorized to enforce this section may cause an animal to be immediately taken into protective custody, if (i) a violation is observed by the officer, and (ii) the enforcement officer determines, after investigating the complaint and interviewing the complainant and the owner or keeper, if he/she can be located, that the noise created by the animal cannot be abated and will continue to disturb the peace of the complainant. The animal may be taken into protective custody if the officer determines that doing so will not create an unreasonable risk of injury or damage to the involved parties, the animal, or private property. If an animal is taken into protective custody, the officer shall immediately provide written notice conspicuously posted on the property from which 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, how the animal can be redeemed, and the provisions for a hearing under subsection (2). If the owner or address is unknown, notice of the hearing shall be given by posting the same in the office of the police department and by publication of the notice in a newspaper. All persons authorized to enforce this section are hereby authorized and directed, when it is lawful to do so, to enter upon any premises or property for the purposes of inspection or impoundment or any other of his or her official duties related to the enforcement of this section.
2) 
An animal placed under protective custody under this section shall be kept and released in accordance with the provisions of Chapter 416-8 of the Contra Costa County Code, as adopted by reference in Section 4.17.002 of this Code.
3) 
The owner or keeper of an animal taken into protective custody under this section shall be entitled to a hearing conducted by a hearing officer designated by the City Manager pursuant to the provisions of Chapter 416-8 of the Contra Costa County Code, as adopted by reference in Section 4.17.002 of this Code.
4) 
Notice of the impoundment of an animal shall be provided daily during the period of impoundment by conspicuously placing written notice thereof on the property from which the animal was removed. Failure to provide that notice as prescribed or of the owner or keeper of the animal to receive it shall not excuse or create a defense against any citations issued, the impoundment of the animal, or the imposition of charges for the costs of impoundment.
c. 
Nuisance Abatement. Nothing in this section shall require or prevent the utilization of nuisance abatement procedures for abatement of the nuisance created by animal noise.
d. 
Private Civil Action. Any private person may maintain an action under Civil Code Section 3493 for enforcement of this section declaring animal noise a nuisance, if such acts are especially injurious to such person.
Any person who violates the provisions of this article shall be liable for administrative penalties payable to the City of Oakley in an amount not less than one hundred dollars, nor more than one thousand dollars, for each day in which such violation occurs.