Sec. 4-16.1. Continuous barking, crying, etc.

(a) Generally:

(1) Nuisances within two hundred (200) feet of a residence are prohibited. It shall be unlawful and is hereby declared to be a public nuisance to keep, harbor, or maintain any domestic pet which howls, barks, whines, or cries to such extent as to materially interfere with or affect the health, comfort, peace and quiet of the public, or the reasonable use and enjoyment of the neighboring properties within two hundred (200) feet of a residence in Greenville County.

(b) Complaints:

(1) Upon the receipt of two (2) detailed, written and signed complaints from separate household in close proximity to the offender that a person within two hundred (200) feet of a residence in Greenville County is violating the provisions of this section, the animal control officer or other appropriate law enforcement officer shall notify the owner or keeper of the domestic pet in question that complaints have been received and shall investigate the complaints. If the investigation determines that the complaints are justified, the animal control officer or other appropriate law enforcement officer shall notify in writing the owner or keeper of the domestic pet to correct the violation within seven (7) days of receiving the notice. At least one (1) of the complainants shall be required to appear and testify in court at the time the case is scheduled for trial. In the event that none of the complainants appear in court at the time the case is scheduled for trial, the county attorney's office shall dismiss the charges against the owner or keeper of the domestic pet.

(2) In the event that a property is so situated that only one (1) complaint is possible within the two hundred (200) feet limit, then upon the receipt of one (1) detailed, written and signed complaint, a law enforcement officer or animal control officer may witness and validate the complaint. If the complaint is validated by the officer, the animal control department may proceed with the investigation and enforcement of this ordinance as set forth in subsection (1), and the one (1) complainant must appear and testify in court at the time the case is scheduled for trial.

(c) Failure to correct. Should the owner of keeper of any domestic pet found to be in violation of this section fail to correct said violation after seven (7) days, the owner of said domestic pet shall be subject to the penalties for violations provided herein, with each day in violation constituting a separate offense.

(d) Exception: This section is not applicable to commercial animal boarding facilities in existence prior to March 20, 2001. The exception shall not apply to facilities where the use has been discontinued for a continuous period exceeding six (6) months.

(Ord. No. 2130, § 5, 6-5-90; Ord. No. 2325, §§ 2, 3, 12-3- 91; Ord. No. 2766, §§ 1, 2, 10-3-95; Ord. No. 3434, § 1, 11-21-00; Ord. No. 3457, § 1, 3-20-01; Ord. No. 3535, § 1, 11-6-01)