(A) It is unlawful for any person to own, keep, possess, harbor, or maintain an animal or group of animals in such a manner as to unreasonably annoy humans, endanger the life or health of other persons or animals, or substantially interfere with the rights of other citizens to the enjoyment of life or property. By way of example and not of limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful:
(1) Allowing an animal to get into or turn over waste or garbage containers;
(2) Allowing an animal to repeatedly walk on or sleep on the automobile of another;
(3) Allowing an animal to damage the real or personal property of anyone other than its owner;
(4) Allowing an animal to repeatedly be or run at large;
(5) Maintaining an animal in an unsanitary condition so as to render the animal noxious or offensive to sight or smell;
(6) Not confining an animal to a building or secure enclosure while the animal is in estrus;
(7) Maintaining an animal that is vicious or failing to effectively prevent an animal from chasing, snapping at, attacking, or otherwise molesting others, including pedestrians, bicyclists, motor vehicle passengers, or domestic animals;
(8) Allowing or permitting an animal or group of animals to make frequent or long continued sounds, including barking, whining, screeching, calling, howling, or yowling in an excessive, continuous, habitual, or untimely fashion; or to make other noise in such a manner and at such intervals so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises (such sounds shall be collectively referred to as "annoying sound"). For illustrative purposes and without limitation, any such sound made by cats or dogs for more than 15 minutes during any 30-minute period shall be deemed to be an annoying sound. The normal clucking of chickens that are otherwise kept in accordance with the provisions of the Code of Asheboro shall not constitute an annoying sound. Any person owning, using, or possessing premises affected by an annoying sound ("person annoyed by sounds") shall follow the procedures specified in division (E) below;
(9) Housing or restraining an animal less than five feet from a public street, road, or sidewalk such that the animal, without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way, or the location of the animal poses a threat to the general safety, health, and welfare of the general public;
(10) Keeping an animal that is diseased and creating a threat to the public health; and
(11) Keeping or maintaining an animal or group of animals in such a manner as to attract excessive insects, pests, rodents, raccoons, snakes, or other wild animals.
(B) Upon the initiative of an animal control officer or upon receipt of a detailed complaint made to the Animal Control Unit by any of the city's residents that any person is maintaining a nuisance animal or animals, the Animal Control Unit may cause the owner of the animal or animals in question to be notified that a complaint has been received and may cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing by the investigating animal control officer. Notwithstanding any other provision in this section, any person other than an animal control officer who wants to initiate a complaint pertaining to a nuisance animal or group of animals engaged in the activity described in division (A)(8) above shall follow the procedures specified in division (E) below.
(C) If the written findings of the investigating animal control officer indicate that the complaint is justified, then the Chief or designee shall cause the owner or keeper of the animal or animals in question to be so notified in writing, served by personal delivery or by certified mail, return receipt requested, and ordered to abate such nuisance within a reasonable time that is not to exceed seven days after notification. A citation may, in the discretion of the Animal Control Unit, be issued at the same time for a violation of this chapter or any other animal control law. The Chief may specify the particular abatement measures that must be taken, which measures may include, but are not limited to, a requirement that the animal be penned or that a secure enclosure be erected or improved. In the event the owner of the animal is unknown and cannot be ascertained, the notice and order, along with a general description of the animal, shall be published in a local newspaper.
(D) If any person actually or constructively receiving notice in the manner herein described shall fail or refuse to abate the nuisance upon order of the Chief within the specified time, the Chief may cause any of the remedies and enforcement measures authorized by this chapter to be utilized in order to bring about an abatement of the nuisance.
(E) If a complaint pertains to annoying sound, the person annoyed by the sound shall follow the procedures specified below:
(1) Upon receipt of a detailed written and signed complaint by the person annoyed by the sound, the Animal Control Unit shall provide written notice to the owner or possessor of the premises on which the animal(s) making an annoying sound is maintained ("animal owner") that a complaint has been received about the animal's (animals') annoying sound. The notice shall detail the complaint and may make suggestions on ways to correct the situation;
(2) Upon receipt of such notice of complaint, the animal owner shall cure the violation. If the violation is not cured, or if a second complaint is made to the Animal Control Unit about the same animal(s) within any six-month period, the Animal Control Unit shall cause the animal owner to be served with an order to abate the annoying sound within a reasonable period of time, not to exceed seven days ("abatement order"). Such notice shall be served by personal delivery or by certified mail, return receipt requested; and
(3) If the original complainant, or any other affected person notifies the Animal Control Unit that the animal owner has failed or refuses to abate the annoying sound as provided in the abatement order, the Animal Control Unit shall investigate and may utilize any of the remedies and enforcement measures authorized by this chapter to bring about an abatement of the nuisance.
(F) Nothing in this section shall prevent a private citizen from bringing an action at any time against an animal owner.
(G) A violation of this section is punishable as a misdemeanor.
(Ord. 02 ORD 1-15, passed 1-8-15; Am. Ord. 36 ORD 12-21, passed 12-9-21)