noise ordinance in rockdale county by samanthac


									                                                                                    ORDINANCE NO.0-2002-06


        WHEREAS, Part 9, Chapter 3 of the Code of Rock dale County, Georgia, sets forth county animal
control provisions; and

       WHEREAS, following a review of those regulations, the Board of Commissioners finds that the
following amendment to the regulations is appropriate in order to advance the public health, safety and welfare;

       WHEREAS, due to an increase in the population in Rockdale County, an increase in residential
subdivisions, and general increase in the number of people living in close proximity to each other, the Board of
Commissioners finds that the following amendments are appropriate to ensure the quiet enjoyment of property
by property owners within the county, and the minimization of disputes regarding domesticated animals.

       NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of Rock dale County,
Georgia, and it is hereby ordained by the authority of same as follows:

                                                    Section 1

       That a new Section of Chapter 3 of Part 9 of the Code of Ordinances of Rockdale County be adopted,
which new Section shall provide as follows:

Sec. 9-3001    Animals creating nuisances.

(a)     It shall be unlawful for the owner of animal or the individual in possession of the
        property upon which the animal is located at the time of the offense, to allow that animal to bark, whine,
        howl, crow, or cause other sound or noise for a sustained period of time which is plainly audible to a
        person of ordinary hearing ability at a distance of 100 feet or more from the property line of the
        premises where the animal is located; provided, however, that no conviction of this offense shall occur if
        the evidence demonstrates that, at the time the animal is emitting such sound or noise, a person is
        trespassing or threatening to trespass upon property in or upon which the animal is situated or if the
        noise is the result of an intentional provocation by another person. An animal for the purposes of this
        Section 9-3001 shall include but not be limited to dogs, cats, and fowl.

(b)     For the purposes of this section, "sustained period of time" shall be defined as a period of
        time during which the animal barks, whines, howls, crows or makes noise continuously
        and/or incessantly for a period of fifteen (15) minutes or more, or makes such noise intermittently for
        thirty (30) minutes or more.

(c)     No person shall be found guilty of a violation of the above subsection unless said person shall have been
        given notice of the disturbing noise in accordance with the following procedure :

               i. Upon determination by any person that a violation of the provisions of the above subsection
               has occurred or is occurring, said person or his agent sbal1 cause written notice to be sent to the
               owner of the said animal or of the property upon which said animal is located of the alleged
               violation specifying particulars of the complaint including, but not limited to, the time and nature
              of the offense. Service of this written notification may be made in hand or by Certified Mail or
              other method which will indicate receipt by the defendant These provisions sbal1 be liberally
              construed to accomplish the objectives thereof and the person making the written notification
              need not use the exact words of this subsection to the addressee so long as the notification
              informs the addressee of the nature and time of the disturbing noise emitted by the animal.

              ii. If, subsequent to notification as set out above and within forty-five (45) days of the date of the
              notice it is determined that a violation of the provisions of this section has occurred or is
              occurring, and upon written complaint filed with the Rockdale County Animal Control Office
              which shall cause a notice to be sent notifying the owner of the Animal and/or the owner of the
              property where the animal is located of the provisions of this Ordinance and that upon the
              occurrence of a subsequent violation a summons will be issued. Said notice shall include a copy
              of the notice sent by the complainant/neighbor Service of this written notice may be made in

              hand or by Certified Mail or other method which will indicate receipt by the defendant.

              iii. Subsequent to the sending of the second notice by RC.A.C. if a subsequent offense occurs
              with forty-five (45) days then criminal citation for violation of this section shall be served on the
              owner of the animal and/or the owner of the property on which the offending animal is located.

(d)    Penalty for violation. Section 10-1008, "General penalty," shall apply.

                                                    Section 2

       All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

                                                    Section 3

This Ordinance shall become effective April 1, 2002.

Rockdale County, Georgia Board of Commissioners

1st Reading: January 22, 2002
2nd Reading: February 26, 2002

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