Brecksville residents whose animals repeatedly disturb their neighbors could face citations and misdemeanor charges under a new city ordinance that expands the city's rules on animal noise.
City Council unanimously approved the measure Oct. 6, according to cleveland.com. The ordinance addresses noise from animals beyond dogs, including chickens and roosters, which were not specifically covered by the city's previous noise rules.
The law defines excessive noise as “any continued, repeated or habitual barking, whining, crying, howling, whimpering, squawking, crowing or loud noise ... that is louder than average conversational level at a distance of 100 feet or more,” cleveland.com reported.
How enforcement works
The city's animal control officer or police can issue a citation after responding to a complaint and hearing the excessive noise firsthand.
Police also can cite an animal's owner if three neighbors who live within 500 feet of the property sign written noise complaints, according to cleveland.com.
A first violation is classified as a minor misdemeanor. A second citation within one year is a fourth-degree misdemeanor. An owner who receives a second citation also could be required to give away or sell the animal, the report said.
A rooster complaint prompted the change
The ordinance followed months of complaints from a resident about loud fowl on a neighboring property.
Councilwoman Ann Koepke raised the issue during a Sept. 15 council meeting, saying one resident had been dealing with persistent noise from nearby fowl.
“I've had several residents complain over time over certain noise issues,” Koepke said, according to cleveland.com's September report. “But one (resident) specifically persistently is having issues with loud fowl nearby and would like to have a way or us to help him.”
The issue had reached the council level after several discussions with the resident, Koepke told cleveland.com. She said the goal was not to ban roosters, but “to create legislation to help the city and residents find a solution to a problem if one is needed.”
The city's legislation committee asked the law department in August to strengthen the code, according to an Oct. 21 report by Scriptype, which covered the Sept. 15 council meeting.
Assistant Law Director Lisa Sabol told council she had amended the legislation to address excessive noise from roosters, as well as unsanitary conditions and odors associated with chickens and other fowl, Scriptype reported. Koepke said the changes would give the city and residents a way to address problems when necessary.
What the previous rules covered
Before the change, Brecksville's code already prohibited noxious or offensive odors and unsanitary conditions associated with keeping animals or fowl. It also barred residents from allowing animals to run loose and specifically prohibited frequent and habitual barking by dogs.
But the code did not specifically address noise from chickens, roosters or other animals besides dogs, according to cleveland.com.
Council President Dominic Caruso told cleveland.com in September that, during his seven years on council, the only animal-noise complaint he had received was the one involving the rooster.
The city's online Code of Ordinances cautions that its published version may not include the most recently adopted legislation. The new ordinance's full text was not available in the online code when reviewed.
