§ 90.055 UNLAWFUL FOR ANIMAL KEEPER TO CREATE NUISANCE.

   It shall be unlawful for an owner or keeper to permit an animal or animals in his or her care to create a nuisance.

(Ord. passed 10-6-2008) Penalty, see § 90.999

§ 90.056 WRITTEN NOTICE OF VIOLATION; 48-HOUR ABATEMENT PERIOD.

   When an animal control officer, law enforcement officer, or person duly authorized by the Health Director, observes a violation, the owner or keeper will be provided written notification of the violation and be given 48 hours from the time of notification to abate the nuisance.

(Ord. passed 10-6-2008)

§ 90.057 COMPLAINT TO HEALTH DIRECTOR.

   Upon receipt of a written, detailed, and signed complaint being made to the Health Director or the animal control office by any person, that any other person is maintaining an animal which is creating a nuisance, as defined in § 90.001, the Health Director shall cause the owner or keeper of the animal in question to be notified that a complaint has been received, and shall investigate the situation complained of, and a report and findings thereon shall be reduced to writing.

(Ord. passed 10-6-2008)

§ 90.058 REPORT OF INVESTIGATION OF COMPLAINT; IMPOUNDMENT.

   (A)   If the written findings indicate that the complaint is justified, then the Health Director, or his or her designee, shall notify in writing the owner or keeper of the animal or animals in question, and the owner or keeper shall be ordered to abate the nuisance within 48 hours.

   (B)   In the event the owner or keeper of the animal or animals is unknown and cannot be identified, the animal(s) will be impounded.

(Ord. passed 10-6-2008)

§ 90.059 UNLAWFUL TO FAIL OR REFUSE TO ABATE.

   It shall be unlawful for a person to fail or refuse to abate the nuisance as required by this subchapter.

(Ord. passed 10-6-2008) Penalty, see § 90.999

ANIMALS SURRENDERED BY OWNER

§ 90.070 CONDITIONS FOR SURRENDERED ANIMAL ADOPTION OR HUMANE DESTRUCTION.

   Any animal surrendered by its owner to county Animal Control, the county Health Department, or county animal shelter, or its designee, may be immediately placed for adoption or humanely destroyed when:

   (A)   The owner affirmatively represents in writing that he or she is in fact the legal owner of the animal;

   (B)   The owner directs in writing that the animal may be placed for adoption or humanely destroyed;

   (C)   The owner agrees to hold the animal control officer, the Health Director, county Health Department, and the county, its designee or animal shelter, harmless from any loss or damage it may sustain, including attorney’s fees, by reason of the destruction or placement for adoption of the animal;

   (D)   The owner transfers ownership of the animal to animal control or its designee or animal shelter, and the owner releases animal control, its designee, or animal shelter from any and all future claims with respect to the animal; and

   (E)   The owner shall certify in writing that the animal has not bitten any person within the preceding ten days.

(Ord. passed 10-6-2008)

§ 90.071 DISCRETION WITH SHELTER.

   Upon receiving the assurances set forth in § 90.070 above, the animal shelter may rely on the same and place the animal for adoption, or destroy the animal, as it sees fit. The waiting periods provided in §§ 90.121 through 90.123 shall not apply to immediate adoption or destruction as provided for in this section.

(Ord. passed 10-6-2008)