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HomeMy WebLinkAbout3294 Amending AMC 9.16.070 to Distinguish Between Daytime Versus Nighttime Dog Noise ORDINANCE NO. 3294 AN ORDINANCE AMENDING 9.16.070 TO DISTINGUISH BETWEEN DAYTIME VERSUS NIGHTTIME DOG NOISE Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined through, and additions are boll underlined. WHEREAS,Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and cotnnron law of the United States and of this State expressly or impliedly grant or allow municipalities, as fitlly as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION1. 9.16.070 Public Nuisance A. The following behavior by an dog or wolf-dog hybrid within the City limits of Ashland constitutes an unlawful public nuisance: 1. A dog repeatedly runs at large; 2. A dog bites a person or another domestic animal; 3. A dog menaces a pedestrian or passerby; 4. A dog repeatedly chases vehicles or persons; 5. A dog damages or destroys property of persons other than the owners or keepers of the dog; 6. A dog repeatedly scatters garbage; 7. A dog repeatedly trespasses on private property of persons other than the keeper of the dog; 8. As applied to the daytime hours of 7:00a.m. to 10.00 .m. a A dog excessively makes disturbing noises, including,but not limited to continued and repeated howling, barking,whining for more than ten(10) minutes or intermittent barking for more than thirty (30)minutes in a sixty (60) minutes period, causing unreasonable annoyance, disturbance, or discomfort to neighbors or others itz close proximity to the property of the keeper. If the barking is caused by the continued presence of a cat or the presence of predators such as coyotes, or deer, or other wildlife or by a person intentionally taunting the dog, then the dog is not a public nuisance; ORDINANCE NO. 3294 Page 1 of 2 9. A dog obstructs City sidewalk; 1 -10. It is unlawful for any keeper of a dog to permit such dog to be a public nuisance as described in 9.16.070A 1-9 and is a Class IV violation B. It is unlawful for a dog to excessively whine, bark, howl, or emit any similar noise in a residential area between the hours of 10 p.m. and 7 a.m.in a manner that unreasonably disturbs the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. Such behavior constitutes a public nuisance and shall be classified as a Class 1 violation under AMC 9.08.990. SECTION 2. Severability. Each section of this ordinance, and any part thereof,is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance"may be changed to "code", "article", "section", "chapter"or another word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the Q___,�__dayof�6ijj,cjlcu 2026, and duly PASSED and ADOPTED this day of l�x n ,4,r._A , 2026. PASSED by the City Council this '2 day of �,�/;�7, 92026. ATTEST. ASO i�4� LA Alis a Kolodzmski, City Recorder SIGNED and APPROVED this 15 day of 1M ri A�C AJ , 2026. n Tonya GrAham,Mayor Reviewed as to fo a, , Z an,Assistant City Attorney ORDINANCE NO. 3294 Page 2 of 2