6.02.140 Public disturbance noise and public nuisance noise made by an animal.
A. Any public disturbance noise made by an animal is unlawful and may be enforced under the provisions of ACC 8.28.010(C), or as a civil infraction under this section.
B. When animal noise is prosecuted as a crime, the terms of Chapter 8.28 ACC shall govern.
C. When animal noise is treated as a civil infraction, the following is a violation:
1. Any animal which by making any noise that, by its volume or frequency, unreasonably disturbs or interferes with the peace of any person(s) for more than 15 minutes in any one-hour period of any day, and is documented by three or more separate episodes of such noise in a sequential seven-day period.
2. Exceptions to this subsection are public shelters, small animal hospitals or clinics, or grooming parlors otherwise in compliance with the Auburn City Code, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others.
3. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded if the disturbance reoccurs after the owner or custodian of such animal(s) has received two written warnings, two notices of civil infraction, or a written warning and a notice of civil infraction from either the animal control authority or law enforcement within a calendar year.
4. Animal noise violations under this chapter shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.)