505.09 NUISANCE CONDITIONS PROHIBITED.
   (a)    No person shall keep or harbor any animal in the Village so as to create noxious or offensive odors, or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance as defined hereafter.
   (b)    Any animal, which by biting or frequent and habitual barking, howling, or yelping, or that in any way or manner injures or disturbs the quiet of the community, or which disturbs or endangers the comfort, repose or health of any person, is hereby declared to be committing a nuisance. It shall be unlawful for any owner, keeper or harborer of such animal to harbor or permit it to commit such nuisance.
   (c)    Any animal that molests or interferes with a person in the public right of way, damages public or private property by its activities, scatters refuse that is bagged or otherwise contained, or causes any condition which threatens or endangers the health or well-being of persons or other animals is committing a nuisance.
   (d)    Any animal that scratches, digs or defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner, keeper or harborer of such animal, is hereby declared to be a nuisance. Where the owner, keeper or harborer of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such nuisance shall be considered abated.
   (e)    Whoever violates Section 505.09(a) this section is guilty of a minor misdemeanor. Each subsequent violation of Section 505.09(a) shall be a separate offense and the penalty shall be a misdemeanor of the fourth degree. Whoever violates Section 505.09(b) or (d) on a first offense will receive a written warning. Whoever violates Section 505.09(b) or (d) on a second offense is guilty of a minor misdemeanor and each subsequent violation of this Section 505.09(b) or (d) hereof within a period of three (3) years of the first violation shall be a misdemeanor of the fourth degree.
(Ord. 3136. Passed 6-19-02.)