The Executive Summary for this agenda item states:
“At the request of Councilmembers Piña and Rodman, the Legal Services Department undertook a review of the Town's Animal Control Code, specifically, relating to the article addressing excessive noise caused by animals and birds.
Excessive noise caused by animals or birds can be very disruptive to the peace and health of the Town’s residents. As such, the Town has a compelling interest in controlling such noise. In order to provide effective enforcement of the excessive noise section of this code, it is necessary to further amend the code to further define excessive noise by animals as well as the punishment for violating this section of the code. It is further necessary to add a section outlining the legal process which addresses enforcement of this updated code.”The Town already has Noise and Nuisance Ordinances
Town Code 10-1 – Miscellaneous Offenses
Article 10-1-4: Noise – No person shall negligently make, cause, or permit unreasonable noise.
Article 10-1-5: Nuisances – It is unlawful for any person to maintain a public nuisance… anything which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons…
Town Code 18 – Article 18-8: Excessive noise caused by animals or birds
Article 18-8-1: Civil Infraction - It is a civil infraction for anyone to own, possess, harbor and/or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet, or comfort of the neighboring inhabitants.
LOVE wonders why we need a new ordinance or an amended ordinance if the above ordinances were already being enforced…or were they? And if they weren’t, will a new or amended ordinance make any difference?
Councilmembers Pina and Rodman may have violated Council Policy #2
Council members are not allowed to issue directives to a staff member, however, according to the Executive Summary (above) it was Councilmembers Pina and Rodman who asked the Legal Department to review the Town’s Animal Control Code.
The possible violation of this council policy (and others) will be discussed in a separate article that will be published tomorrow.
---
