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DATE: <br />TO: <br />FROM: <br />3-10-95 <br />Ron Moorse, City Administrator <br />Lt. CheswicJc <br />SUBJECT: Barking Dog Ordinance <br />In 1994 Orono City Prosecuting Attorney, Laurel Hersey, informed us <br />that the Edina animal noise ordinance, which was virtually the same <br />Orono^s ordinance, was found to be unconstitutional by the <br />Minnesota Court of Appeals. <br />Laurel strongly suggested that we change our ordinance, that she <br />would send us a copy of Edina's new ordinance for us to review. The <br />following is that language: <br />Noise <br />Subd. 1 Disturbing Peace and Quiet. No person owning, <br />operating, having charge of, or occupying, any building or premises <br />shall keep or allow to be kept any animal which shall, by any <br />noise, unreasonably disturb the peace and quiet of any person in <br />the vicinity. The phrase "unreasonably disturb the peace and <br />quiet” shall include, but is not limited to, the creation of any <br />noise by any animal which can be heard by any person^ including the <br />Animal Control Officer or a law enforcement officer, from a <br />location outside of the building or premises where the animal is <br />being kept and which animal noise occurs repeatedly over at least <br />a five minute period of time with one minute or less lapse of time <br />between each animal noise during the five minute period. <br />Subd. 2 Complaint. Any person may call or deliver a <br />complaint to the Animal Control Officer stating facts and <br />circumstances of an alleged violation of this Subsection. J*"® <br />Animal Control Officer shall investigate such complaint. If a <br />violation occurs in the presence of the Animal Control Officer, a <br />summons may be issued. If probed>le cause of a violation exists, <br />which violation did not occur in the presence of the Animal Control <br />Officer, all reports, witness statements and evidence may be <br />submitted to the City Prosecuting Attorney for a formal complaint. <br />orono's existing ordinance relating to dogs barking is under "Other <br />Unlawful Acts" #9.12 Subd. (4), and reads: <br />"fail to keep his dog from barking, howling, or whining or <br />emitting loud or unusual noise.” <br />Given the enclosed information, I recommend that the City of Orono <br />adopt the seune language as that of the City of Edina's noise <br />ordinance providing us the necessary enforcement standards.