Question 1

When was the dog barking ordinance (nuisance animal noise ordinance) passed and what does it say?

Accepted Answer

The ordinance was passed on May 3, 2017.

(Ordinance 17-10 Sec. 36-436. Nuisance Animals)

It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to allow or fail to restrain the animal(s) to bark, meow, whine, howl,or to make other sounds common to the species, persistently or continuously for a period of 20 minutes or longer when every animal is not contained within an enclosure sufficient to baffle loud noises and render them reasonably unobjectionable.

Read the entire ordinance

Question 2

When did the ordinance go into effect?

Accepted Answer

The ordinance went fully into effect on July 1, 2017.

Question 3

Does this ordinance only cover dogs barking?

Accepted Answer

This ordinance covers any nuisance animal that barks, meows, whines or howls non-stop for 20 minutes or longer with less than 20 seconds of interruption during that 20-minute time period.

This does not apply to animal shelters, commercial boarding kennels or properties that are zoned for agricultural purposes. State law prohibits noise ordinances from applying to those agriculturally zoned properties.

Question 4

What do I need to report a nuisance animal?

Accepted Answer

To report a nuisance animal under this ordinance (dog barking or cat meowing), you must have affidavits from two unrelated people at different locations within 1,000 feet of the noise source.

If there is only one person able to report, one affidavit must be accompanied by a non-stop, unedited time-stamped recording of the sound from a single incident and submitted with the affidavit.

Question 5

What is an affidavit?

Accepted Answer

An affidavit is legal document that is a written statement signed by the resident filing the complaint. Prior to submitting the affidavit, it must be notarized to be processed.

Download the affidavit

Question 6

Is video evidence a requirement?

Accepted Answer

No, the preferred method of reporting is having two affidavits from two unrelated people living at different locations within 1,000 feet of the noise source.

But if only one person is filing an affidavit, a video must accompany the affidavit. The video must be a non-stop, time-stamped recording of the sound from a single incident.

Question 7

Can I file an anonymous complaint?

Accepted Answer

No. Complaints can't be made anonymously.

All complaints must have signed and notarized affidavits that contains information from the residents filing the complaint. These affidavits are used to establish probable cause for enforcement and are subject to public records requests.

Each person filing the complaint must also appear in court to support the affidavit they submitted.

Question 8

What happens if I do not appear in court after filing an affidavit?

Accepted Answer

The case will be dismissed and it may affect future affidavits you may make and future prosecution with those affidavits.

The County will also be charged a $50 fee by the Court for the time wasted.

Question 9

Who will be enforcing the nuisance animal noise ordinance, HSCO or Animal Control?

Accepted Answer

Enforcement is handled by the State Attorney’s Office and Hillsborough County Sheriff's Office. Animal Control assists in processing the paperwork during regular hours of operation.

Question 10

Will the County be issuing warnings for first-time offenders?

Accepted Answer

Warnings will be on a case-by-case basis and at the discretion of the State Attorney’s Office.

Question 11

If found in violation of the nuisance animal noise ordinance, what is the penalty?

Accepted Answer

Nuisance animal noise violations can be enforced as misdemeanors that include a fine of no more than $500 or imprisoned up to 60 days in jail.

Each day a violation occurs or continues, is a separate offense and may be penalized separately.

Question 12

Will the animal be confiscated if the owner is found in violation?

Accepted Answer

No, the animal will not be confiscated for a nuisance animal noise violation.

Question 13

What if the owner can’t afford the fine?

Accepted Answer

The court can order community service in lieu of the fine, if requested by the violator.

Question 14

What if I can prove that someone knowingly and intentionally filed a false affidavit?

Accepted Answer

That information needs to be provided directly to the State Attorney’s Office. If the State Attorney’s Office believes there is sufficient evidence for prosecution, they could file perjury charges

Nuisance Animal Noise Ordinance

Information about the ordinance and what you can do to report a nuisance animal

FAQs

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