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It shall be unlawful for any animal owner to fail to exercise proper care and control of his or her animal to prevent it from becoming a public nuisance. Every person shall be guilty of allowing an animal to become a nuisance when such person permits or allows an animal to violate the following provisions:
A. Excessive Noise Nuisances: An animal that barks, bays, cries, howls, or emits any excessive animal noise audible beyond the boundaries of the property on which the animal is situated for an extended period of time, day or night, thereby unreasonably disturbing another person. For purposes of this section "extended period of time" means either:
1. Any barking, baying, crying, howling, or other animal noise emitted by one or more animals incessantly for thirty (30) minutes with individual interruptions of less than twenty (20) seconds at a time during the thirty (30) minute period; or
2. Any barking, baying, crying, howling or other animal noise emitted by one or more animals intermittently for sixty (60) minutes or more within a twenty-four (24) hour period.
B. Exception: This subsection shall not apply to animals that are being teased or provoked, are maintained on land zoned for agricultural purposes, are kept at a properly permitted animal shelter established for the care and placement of unwanted or stray animals, or a properly zoned commercial boarding kennel.
C. Proof Of Excessive Noise Nuisances: The owner or custodian of an animal may be charged with excessive animal noise nuisance when:
1. A Humane Officer receives signed complaints alleging an animal noise nuisance, from at least two (2) unrelated adult witnesses residing in different residences;
2. A Humane Officer receives a signed complaint alleging an animal noise nuisance from one adult witness who has a video or audio recording of the alleged violation;
3. A Humane Officer receives a signed complaint alleging an animal noise nuisance from one adult witness and a Humane Officer has witnessed the alleged presence of the nuisance. The Humane Officer shall not be required to personally witness an alleged violation for a thirty (30) or sixty (60) minute period; or
4. A Humane Officer personally witnesses the violation and signs a complaint alleging an animal noise nuisance.
D. General Animal Nuisances: A general animal nuisance occurs when:
1. An animal threatens passersby;
2. An animal chases vehicles, individuals on bicycles, scooters or similar devices, or pedestrians;
3. An animal attacks other animals;
4. An animal trespasses upon public or private property in such a manner as to damage the property;
5. An excessive amount of animal feces is permitted to accumulate in such a manner as to affect the health of a person or which is of such quantity as to generate odors off the premises of the animal owner; or
6. An owner fails to confine a female dog during estrus or proestrus in a building or secure enclosure in such manner that such female dog cannot come into contact with male dog, except for planned breeding.
E. Nuisance Feral Cat Prevention: Any cat not spayed or neutered, over the age of four (4) months that is permitted to be out of doors not under the direct control of its owner is deemed a nuisance. The Animal Shelter, upon seizure of any cat at large, may spay or neuter such animal if it is over four (4) months of age. The Humane Society may mark the cat as being spayed or neutered by marking the animal's ear, or through some other methodology. A cat that is spayed or neutered, and marked as such, may be released by the Animal Shelter to the location from which the cat was seized. Any cat that is seized but identifiable through microchip, collar, or other methodology, may, in the discretion of the authorized officer, be released in field at or near its listed place of residence. (Ord. 20-21, 5-11-2021)