(A) Any animal which defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of the animal, creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(B) No person being the owner or in charge of any animal shall permit the animal to commit, create or become a nuisance as described in division (A) of this section. Where a person being the owner or in charge or control of the animal immediately, and before taking the animal from the area where the defecation occurred, cleans the area and removes the feces deposited by the animal and disposes of the feces in a sanitary manner in a proper receptacle, the nuisance shall be considered abated, and the person shall not be deemed to have violated the provisions of this section as it pertains to defecation.
(C) There is hereby created a presumption whereby any animal which commits, creates or becomes a nuisance as described in division (A) of this section is presumed to have done so with the permission of the owner or person in charge or control of the animal.
(Ord. 59-94, passed 8-8-94) Penalty, see § 90.99