11-2023 - Amend 505.13 Barking or Howling

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1st read & referred to R&0 5/1/23; 2nd reading 5/15/23 Bullock, Litten, Marx, Rader, Ordinance No: 11-2023 By: s ha cline r AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to amend Chapter 505.13, Barking or Howling Prohibited, of the Codified Ordinances of the City of Lakewood for the purpose of changing the penalty for repeat offenses of this section and adding gender neutral language. Whereas, the Lakewood Animal Safety and Welfare Advisory Board (LASWAB) has met, researched, and proposed the following recommended change to the Administration; and Whereas, Lakewood is a densely populated city and accordingly barking/howling animals are substantially disruptive to a greater number of citizens than surrounding, less populous municipalities; and Whereas, currently, the legislation only makes this offense a minor misdemeanor, which is waivable without a court appearance; and Whereas, the City desires to have greater leverage and earlier intervention with regard to resolving recurring violations of this ordinance; and Whereas, after a review, the City supports the recommendation of LASWAB and believes that the recommendation is the least restrictive of rights that allows accomplishment of the City's goals and furtherance of the intent of LASWAB; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that these provisions should be enacted to increase the penalty for repeat offenses; now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. That Section 505.13, Barking or Howling Prohibited, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 505.13 BARKING OR HOWLING PROHIBITED. (a) No person shall keep or harbor any animal, livestock or poultry within the municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood. Any person who shall allow any animal habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such animal.