§ 14-90. Alternative procedure for noise violations.

(a)

It shall be unlawful to keep or harbor any animal which makes prolonged and disturbing noises which interfere with the peace and quietude of the neighboring property when such noises continue for periods longer than 15 minutes. Such animal shall be declared a nuisance as defined in section 14-2(6) and a violation of this chapter. The animal control officer, sheriff or code enforcement officer shall have the authority to use all reasonable means to abate such nuisance, including but not limited to requiring that the owner make bonafide efforts to quite the animal or impoundment of the animal where the owner is absent from the premises. Upon impoundment of an animal for violation of this section, the animal control officer, sheriff or code enforcement officer shall attempt to locate and notify the absent owner by any reasonable means as readily as possible. No summons and complaint shall be issued nor shall there be a conviction for violation of this section unless there are at least two or more complaining witnesses from separate households who shall have signed such complaint and shall have testified at trial. An animal control officer, sheriff or code enforcement officer who has personally investigated the complaint of a single complainant and observed problem behavior of the animal with regard to prolonged and disturbing noises satisfy the requirement for the second complaining witness and may give testimony to such observations at trial.

(b)

The following procedure is provided as a supplemental method for the enforcement of the sections of this chapter relating to animals alleged to be public nuisance animals due to the production of excessive animal noise as defined in subsection 14-2(6).

(1)

Requirements for complaints. All complaints filed with the animal control officer, sheriff or code enforcement officer shall:

a.

State the date and time of the offense;

b.

State that the complainant agrees to present himself or herself to the court if a case is filed against the animal owner; and

c.

Be signed by the complainant.

(2)

Actions upon first complaint. Upon the receipt of a signed complaint, the animal control officer, sheriff, or code enforcement officer shall send a letter to the owner of the animal, which states that a complaint has been filed against the person. The letter shall state the date and time of the issuance of the letter, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved, and request abatement of the problem. The letter shall set forth the city's procedure for handling animal noise complaints.

(3)

Actions upon second complaint. Upon the receipt of a second signed complaint within 90 days of the receipt of the first complaint, the animal control officer, sheriff, or code enforcement officer shall send out a second letter to the animal owner advising that this is the second complaint that has been filed against the animal owner. The letter shall state the date and time of the issuance of the letter, the name and address of the person in violation, the date of the offense, the offense committed, a description of the animal involved, and a demand that the offense be abated within 24 hours after receipt of the letter. The letter shall set forth the city's procedure for handling animal noise complaints and state that if a third complaint is appropriately received by the city, the city will issue a citation to the animal owner requiring the owner to appear in court.

(4)

Actions upon third complaint. Upon the receipt of a third signed complaint within 90 days of the receipt of the first complaint, the content of which shall be given under oath, the city shall issue a citation to the owner who is in violation of this chapter. Such citation shall state the date and time of issuance, the name and address of the person in violation, the date of the offense and that the offender has ten days to pay the fine listed therein to the City of Deltona or to request a court date. The address and hours available for payment of funds or requesting court dates shall be set forth on the citation. If the owner cited pays the penalty, the owner shall be deemed to have admitted the infraction and to have waived the right to a hearing on the issue of validity of the citation. If the owner cited fails to pay the fine or fails to request a court date as set forth in the citation, the court may issue an order to show cause upon the request of the city commission. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. An owner who fails to pay the fine or request a court date as set forth in the citation shall be deemed to have waived the right to contest the citation.

(Ord. No. 04-98, § 4, 2-2-1998; Ord. No. 20-02, § 2, 8-19-2002)