It shall be unlawful for any person to own, keep, possess, or maintain an animal or property housing animals in such a manner as to constitute a public nuisance. By way of example, and not of limitation, the following conditions, events, acts or actions of a custodian or harborer of an animal are hereby declared to be a public nuisance and are unlawful:
(1) Any animal that molests, chases, or attacks passersby or passing vehicles;
(2) Any animal that molests, chases, or attacks other animals;
(3) Any animal that trespasses on school grounds;
(4) Any animal that is repeatedly at-large (e.g., three or more times per 12-month period);
(5) Any animal that damages or defiles private or public property or causes substantial inconvenience to another;
(6) Any animal that barks, whines, howls, crows or makes other noise in an excessive, continuous fashion so as to interfere with the reasonable use and enjoyment of neighboring premises. If such noise occurs between the hours of 11:00 p.m. and 6:00 a.m. it shall be prima facie proof that it is unreasonable. It shall be a defense to prosecution if an individual, other than the custodian, provokes or taunts the animal;
(7) Failing to confine a female dog or cat while in season in a building or secure enclosure in such a manner that she cannot come into contact with another dog or cat, or create a nuisance by attracting other animals; provided this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the custodian of an animal which is being bred;
(8) Any animal that is a dangerous animal or dangerous dog not confined, as required by this article, or an animal that is diseased and dangerous to the public health;
(9) Maintaining animals or property in an environment of unsanitary conditions or lack of cleanliness that results in offensive odor or is dangerous to the public health, welfare, or safety or a failure to maintain animals in a condition of good order and cleanliness so as to reduce the probability of transmission of disease;
(10) An object, place, or condition (including, but not limited to, fecal matter, garbage or other organic wastes) that is a potential instrument or medium for disease transmission;
(11) Any dead animal not lawfully disposed of within 24 hours of its death. Requests for disposal of small animals, including dogs and cats may be made to the ACD;
(12) A condition or place that is a breeding ground for flies;
(13) A collection of water in which mosquitoes are breeding;
(14) A place or condition harboring rats;
(15) Any animal which damages, soils, defiles, urinates or defecates on private property other than that of the custodian.
(Prior Code, § 3-22; Ord. of 8-24-2010)