(a) The keeping of any animal in such manner or in such numbers as to constitute a public nuisance is hereby prohibited. For the purposes of this section, a public nuisance shall include, but not be limited to, the following:
(1) The keeping of any animal which by continued or repeated howling, yelping, barking or otherwise, causes loud noises which would disturb the quiet, comfort or repose of a reasonably prudent person on adjoining property;
(2) The keeping of any animal which habitually is at large;
(3) The keeping of a cage or pen constructed and used for the purpose of restraining animals within ten feet of the outer limits of the lot upon which the cage or pen is situated; provided, however, this setback requirement shall not be applicable where the placing of the cage or pen within the ten-foot area does not result in locating the cage or pen within 50 feet of the nearest household occupied by persons other than the owner or keeper of the cage or pen. This subsection shall not apply to the fencing of all or a major portion of a lot;
(4) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers, or damaging gardens, flowers, or vegetables, or defecating upon the property of another;
(5) Maintaining animals in an unsanitary environment which results in unsightly or offensive animal waste, litter, or odor which would disturb a reasonable person on adjoining property;
(6) The keeping, possession, harboring, feeding, or attracting of animals; wild, feral or domesticated, which threaten the public health, safety and welfare of the community in a manner including, but not limited to, attracting the presence of bears or wild animals that creates a danger to humans, wildlife, or domestic animals, or causes damage to other properties; provided, that nothing herein shall be construed to prohibit keeping or maintaining a bird feeder, or from feeding birds, unless said activity constitutes an attractant and its cessation is ordered by the animal control officer, police officer, or pursuant to this chapter.
a. For the purpose of this section, danger shall mean the potential for human injury or death, the potential for increased risk of disease transmission between animal species and humans, or the Increased potential for death or injury to the bears, livestock or companion animals.
(7) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, animals walked on a leash, bicycles or other vehicles;
(8) Failing to confine a female dog while in heat in a secure enclosure in such a manner that she will not be in contact with another dog, or attract other animals.
(9) Except as otherwise provided in section 3-10, the keeping of seven or more animals per household or lot, regardless of lot size and regardless of whether any of the provisions of this section are violated. This subsection shall not apply to offspring under the age of 16 weeks and to animals kept by a kennel or pet shop licensed in accordance with state and local law and to animals kept by a kennel, pet shop or other facility licensed or registered by the department of agriculture or the veterinary medical board.
(10) The tethering of any animal to public property or in a public right-of-way.
(11) After having received a warning or order from an animal control officer to remove an attractant, knowingly or willfully keeping or storing attractants in a manner contrary to the warning or order.
(b) Any violation of this section shall be deemed a non-criminal violation for which a civil penalty, as set forth in appendix B of this Code, may be assessed.
(Ord. No. 3731, § 1, 4-28-09; Ord. No. 4910, § 2, 11-9-21; Ord. No. 4997, § 1, 2-14-23)