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.