(a) Prohibited generally; exceptions. It shall be unlawful for any person to own, keep, possess, harbor or maintain an animal in such a manner as to unreasonably annoy humans, endanger the life or health of persons or other animals, or substantially interfere with the rights of citizens (other than their owners) to enjoyment of life or property, or otherwise constitute a public nuisance. By way of example and not of limitation, the following activities are hereby declared to be a public nuisance and are, therefore, unlawful:
(1) Getting into or turning over waste or garbage containers.
(2) Walking on or sleeping on automobiles of another.
(3) Damaging the real or personal property of anyone other than its owner.
(4) Repeatedly being or running at large.
(5) Being maintained in an unsanitary condition so as to be noxious or offensive to sight or smell.
(6) Not being confined to a building or secure enclosure while in estrus.
(7) Being vicious or chasing, snapping at, attacking, or otherwise molesting others including, pedestrians, bicyclists, motor vehicle passengers, or domestic animals.
(8) Allowing or permitting an animal or animals to make frequent or long continued sounds, including barking, whining, screeching, calling, howling or yowling in an excessive, continuous, habitual or untimely fashion, or to make other noise in such a manner and at such intervals so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises ("annoying sound"). Any such sound made by cats or dogs which is made for more than fifteen (15) minutes during any thirty (30) minute period shall be deemed to be an annoying sound. The normal clucking of chickens, kept in accordance with provisions of the Land Development Ordinance, shall not constitute an annoying sound. Any person owning, using or possessing premises affected by an annoying sound ("person annoyed by sounds") shall follow the procedures specified in subsection f. below.
(9) Being housed or restrained less than five feet from a public street, road or sidewalk such that the animal, without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons in a public right of way, or the location of the animal poses a threat to the general safety, health and welfare of the general public.
(10) By virtue of number or type, being offensive or dangerous to the public health, safety, or welfare.
(11) Being diseased or dangerous to the health of the public.
(12) Being kept in such a manner as to attract excessive insects, pests, rodents, raccoons, snakes, or other wild animals.
(b) Complaint and notice. Except as to (a)(8) above, upon their own initiative or upon receipt of a detailed written and signed complaint being made to the animal control unit by any of the town residents that any person is maintaining a nuisance animal, the animal control unit may cause the owner of the animal or animals in question to be notified that a complaint has been received and may cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing by the investigating animal control officer.
(c) Abatement. If the written findings of the investigating animal control officer indicate that the complaint is justified, then the chief or designee shall cause the owner or keeper of the animal or animals in question to be so notified in writing, served by personal delivery or by certified mail, return receipt requested, and ordered to abate such nuisance within a reasonable time not to exceed seven days after notification, and may issue a citation for the violation. The chief may specify the particular abatement measures that must be taken, which measures may include, but are not limited to, a requirement that the animal be penned, or that a secure enclosure be erected or improved. In the event the owner of the animal is unknown and cannot be ascertained, the notice and order, along with a general description of the animal, shall be published in a local newspaper.
(d) Impoundment upon failure to abate. If any person actually or constructively receiving notice in the manner herein described shall fail or refuse to abate the nuisance upon order of the chief within the specified time, the chief may cause the animal or animals in question to be seized and impounded in accordance with the provisions of section 6-134.
(e) Redemption; destruction. If the owner shall so request in writing within five days of the impoundment, an animal that has been impounded may be redeemed upon the owner's execution of a written agreement to comply with the abatement order and payment of all sums due hereunder. If no such written request is made, or if such a request is made, but a written agreement to comply with the abatement order is not delivered to the chief within five days of the impoundment, then the animal(s) shall be deemed abandoned and disposed of in accordance with the provisions of section 6-137.
(f) Annoying sounds. A person annoyed by sounds shall follow the procedures specified below.
(i) Upon receipt of a detailed written and signed complaint by a person annoyed by sounds, the animal control unit shall provide written notice to the owner or possessor of the premises on which the animal(s) making annoying sounds is maintained ("animal owner") that a complaint has been received about the animal's (animals’) annoying sounds. The notice shall detail the complaint and may make suggestions on ways to correct the situation.
(ii) Upon receipt of such notice of complaint, the animal owner shall cure the violation. If the violation is not cured, or if a second complaint is made to the animal control unit about the same animal(s) within any six (6) month period, the animal control unit shall cause the animal owner to be served by an order to abate the annoying sounds within a reasonable period of time, not to exceed seven (7) days ("Abatement Order"). Such notice shall be served by personal delivery or by certified mail, return receipt requested.
(iii) If the original complainant, or any other affected person notifies the animal control unit that the animal owner has failed or refuses to abate the annoying sounds as provided in the Abatement Order, the animal control unit shall investigate and may issue a civil citation for the violation in the amount of two hundred dollars ($200.00). Such citation shall be collected in the manner set forth in section 6-132.
(iv) If the annoying sounds continue after issuance of the citation, the complainant should pursue the action by going to the magistrate and filing a summons against the animal owner. Nothing in this section shall prevent a private citizen from bringing an action at any time against an animal owner.
(Code 1982, § 4-21; Ord. No. 01-022, § 1, 11-8-2001; Ord. No. 06-020, 12-14-2006; Ord. No. 2012-Code-04, 8-23-2012)