(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL or FOWL. Every animal or fowl, specifically including dogs, kept within the boundaries of the town. The term ANIMAL shall refer to both animals and fowls.
OWN and OWNER. Any person having a right of property in an animal and any person who keeps or harbors an animal or has it in his or her care, or who acts as its custodian, and any person who permits an animal to remain on or about any premises occupied by him or her.
PUBLIC NUISANCE.
(a) Any animal that molests passers-by or passing vehicles or interferes with traffic;
(b) Any animal that attacks other animals;
(c) Any animal that trespasses on school grounds and interferes with school activities;
(d) Any animal that habitually turns over garbage cans of any person other than the owner or custodian of the animal;
(e) Any animal that damages private or public property;
(f) Any animal that by loud, frequent or habitual crying, barking, howling or other noise causes disturbance to the peace and quiet of any person or neighborhood; and
(g) Any aggregation of animals creating a foul odor.
(B) Keeping of animals in a manner which constitutes public nuisance. The keeping of any animals within the boundaries of the town in such a manner as to constitute a public nuisance as that term is defined in § 93.15, or as set forth in division (A) of this section, is prohibited and shall be abated by the owner of the animals and shall be subject to the abatement procedures of §§ 93.17 through 93.20.
(C) Repeated complaints. Any animals causing a disturbance in any manner described in this section or any combination so as to cause complaint to the town by the persons so disturbed 3 or more times within a period of 60 days shall constitute a public nuisance within the meaning of this section.
(3) In addition to the provisions of this division, any animals causing a disturbance in any manner described in this section shall constitute an apparent public nuisance within the meaning of § 93.15 and subject to the abatement procedures under §§ 93.17 through 93.20, if no less than 3 persons familiar with the animals petition the town complaining about the animals causing the disturbance.
(D) Abatement. Any owner of animals so reported as being public nuisances shall be subject to the procedure set forth in § 93.17 and upon a finding by the Council that the animals constitute a public nuisance, the Council shall give the owner of the animals reasonable time to take any measures as may be reasonably necessary to abate the nuisance, including but not limited to confining the animals or removing the animals beyond the town limits. Upon the failure of the owner to comply with the abatement order of the Council within the prescribed time, the town may confiscate the animals and dispose of them according to law. Failure by the owner to comply with the order shall constitute a violation of this subchapter and shall be punishable as prescribed in § 93.99.
(1997 Code, § 30-55) Penalty, see § 93.99