[1]
Editor's Note: This ordinance also repealed
former Ord. No. 1995-7, adopted 7-11-1995, regarding barking dogs.
The owner of a dog, or a combination of dogs,
whose excessive barking or howling creates a disturbance to the peace
and quiet of the neighbors is guilty of a municipal infraction of
the Town of Snow Hill.
A.Â
Upon receipt of a complaint for excessive barking
of a dog or dogs, a police officer or Code Enforcement Officer shall
respond to the scene of the complaint and determine that the dog(s)
are barking and contact the owner of the dog(s) if present. If the
owner of the dog(s) is not present, cannot be established or is a
juvenile, then the parent or guardian, property owner or tenant in
charge of that property shall be deemed to be the responsible party
for the purpose of this article. The officer shall notify them that
a complaint has been received about excessive barking and that, if
a second complaint is received within 24 hours, then a citation may
be issued for excessive barking. If no one is home at the time of
the complaint, a written notice of warning shall be left in a conspicuous
manner.
B.Â
If an officer or Code Enforcement Officer has to return
to the same location for a second complaint of excessive barking and
finds that the dog(s) are again barking, the officer or code enforcement
officer may issue a citation for violation of this article. If a citation
is issued, the officer shall subpoena the complainant for trial.
A person violating the provisions of § 48-4 of this chapter shall be guilty of a municipal infraction and shall be issued a civil citation for $25 for a first offense and a fine of $50 for a second or subsequent offense. The person shall be given 20 days to pay the citation at Town Hall or request a trial in the District Court. Failure to pay the fine or request a trial date, or failure to appear at trial when scheduled, shall result in the fine amount being doubled. In addition, the Town shall request that the court issue an order of abatement and reimbursement for reasonable attorneys fees and court costs.
The Town of Snow Hill hereby adopts the provisions
of Worcester County Code, Title 2 (entitled "Animals"), as amended
from time to time, as enforceable within the Town limits of Snow Hill.
The county code shall be in addition to, but not substitute for, the
provisions of this chapter.