(A) General definition. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(a) Injures or endangers the comfort, repose, health or safety of others;
(b) Offends decency;
(c) Is offensive to the senses;
(d) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the city;
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Prior Code, § 4-201)
(B) Specific definition. The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be nuisances:
(1) Permit an animal to defecate on any privately owned or occupied property other than that of the owner or the person having control of the animal without immediately cleaning or removing the excrement;
(2) Permit an animal to defecate on public property without immediately cleaning or removing the excrement;
(3) Permit an animal to unreasonably obstruct the use and enjoyment of property held by others in the community by allowing such animal to habitually bark, howl, yelp, bay or make other noise which by loudness or frequency causes a breach of the peace; provided, however, this section shall not apply to animal shelters or veterinarians; and
(4) Permit unsanitary conditions to exist on any premises where an animal is kept which would cause foul or obnoxious odors, attract flies or vermin or otherwise threaten the public health and safety.
(Prior Code, § 4-202) (Ord. 05-3, passed - -2005) Penalty, see § 91.99