ORDINANCE NO. 08-4(1)PRIVATE

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY ADDING ARTICLE VI, ANIMAL NOISE.

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and Fowl, is hereby amended and reordained by adding Article VI, Animal Noise.

CHAPTER 4.  ANIMALS AND FOWL "CHAPTER 4.  ANIMALS AND FOWL"

ARTICLE VI.  ANIMAL NOISE

Sec. 4-601.  Noise from animals.

            It shall be unlawful and shall be a nuisance for an owner or custodian of an animal to harbor or keep any animal within the county which frequently or for a continued duration howls, barks or makes other excessive, continuous or untimely sounds which unreasonably disturbs the peace and quiet, comfort, or repose of any person in the county; provided however, this section shall not apply to any animal located on property zoned Rural Areas District of five (5) acres or more, to any animal in an animal shelter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by livestock or poultry.  For the purposes of this section, “excessive, continuous or untimely sounds” shall mean any howling, barking or other animal noise which continues for thirty (30) consecutive minutes or more with no cessation of such sounds for time periods greater than five (5) minutes during the thirty (30) consecutive minutes. 

Sec. 4-602.  Complaints of animal noise.   

            Notwithstanding section 4-101 of this code, no person shall be charged with a violation of section 4-601 unless the complainant appears before a magistrate and requests a summons to be issued.  However, when a violation is committed in the presence of an animal control officer or police officer, he shall have the authority to initiate all necessary proceedings.

Sec. 4-603.  Penalty for violation. 

A violation of this section shall be punishable as a Class 3 misdemeanor, and any owner or custodian of an animal found guilty under this section shall be required to abate the disturbance.  Upon a third conviction within twelve (12) months of any offense under this section involving the same animal, in addition to imposing a fine, the court shall order the animal to be removed from any area of the county covered by this section.  If the owner or custodian of the animal fails to comply with such order within two (2) weeks, the animal control officer shall seize the animal and offer the animal to the SPCA for adoption in a home outside of the area of the county covered by this section or have the animal humanely destroyed. 

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