Sec. 4-1-13 Nuisance
Sec. 4-1-13. Nuisance
- No person shall keep or maintain, or cause or permit to be kept or maintained, upon any premises, any dog which by habitual and continual barking, howling, baying, or whining shall disturb the peace and comfort of any neighborhood or interfere with the reasonable and comfortable enjoyment of life or property by any person.
- No person shall allow their dog individually or in combination with another dog or dogs together make, any noises or disturbances by barking, howling, yelping, whining or other utterance which is audible beyond the premises on which the dog is kept, for a consecutive period in excess of twenty (20) minutes during the day (7 A.M. to 9 P.M.) or for a consecutive period in excess of ten (10) minutes during the night (9:01 P.M. to 6:59 A.M.) and/or a cumulative period in excess of one hundred twenty (120) minutes during any twenty four (24) hour period.
- No citation for violation of this Section shall be issued unless at least one written warning, signed by an Augusta Animal Control Officer or Law Enforcement Officer and at least one Complaint, has been issued to an owner or keeper of the dog or dogs that have exceeded the noise limits. Such written warning shall contain the date and time when the violation occurred and a brief explanation of the nature of the noise Complaint. Once a written warning has been issued, a citation may be issued for any violations that occurred seven (7) or more days after the written warning without the necessity of an additional warning.
- No citation shall be issued nor shall there be a finding for a violation of this Section unless there was two (2) complaining witnesses from separate households who have signed such Complaint; except that only one (1) complaining witness shall be required to sign the Complaint under either of the following circumstances:
- An Animal Control Officer or Law Enforcement Officer has personally investigated the Complaint of a single complainant and observed the nature and duration of the noise created by the dog and can testify as to such observation, or
- A complainant has presented to the Animal Control Officer or Law Enforcement Officer at the time of the Complaint other credible and admissible corroborative evidence of the alleged violation such as a video recording with a date stamp.
- Any person who violates any provisions of this Section shall be guilty of a misdemeanor. Each and every violation of the provisions of this Section shall constitute a separate offense.
Sec. 4-1-13. Filing a Complaint
To file a complaint against a neighbor whose dog barks excessively or at inappropriate hours, complete and submit the online Barking Dog Complaint Form, or contact Augusta Animal Services to report the barking dog.