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Without limitation as to the general provisions of Section 7.08.120, the following specific acts and conditions committed by a dog are hereby declared to be unlawful and to constitute a public nuisance, and the owner of a dog committing any of the following shall be subject to the penalties provided by this title:
A. Being in or upon any public building or public or private school grounds, except when authorized by appropriate officials, and excepting further, “seeing eye” dogs while guiding, in attendance with, or waiting for a blind person;
B. Annoying, harassing, nipping, mauling or biting any person or persons;
C. A female dog in breedable condition being within the city, except when confined in or upon the premises of its owner;
D. Damaging or destroying any property or thing of value;
E. Creating a disturbance in a neighborhood by howling, barking or making unusual noises;
F. Committing excretion on private property other than the property of its owner.
(Prior code § 3.37 (Ord. 832 §1, Ord. 993 §1))
When any condition prohibited by Sections 7.08.110, 7.08.120 and 7.08.130 is found to exist, the animal control supervisor or authorized person is authorized, except when such condition occurs on the owner's premises, to impound such dog in the city animal shelter and, subject to the prior approval of the city attorney, to institute abatement proceedings against the owner of such dog in the manner provided by law.
If any such condition occurs on the owner's premises, the animal control supervisor or other authorized person is authorized, subject to the prior approval of the city attorney, to institute abatement proceedings against the owner of such dog in the manner provided by law.
The remedy herein provided is nonexclusive and may be pursued singularly or concurrently with any penal process provided for any violation of any provision of this title.
(Prior code § 3.41 (Ord. 832 §1, Ord. 1371 §8))
A. No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to commit any nuisance upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto. Any person violating this section shall be guilty of an infraction.
B. No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. Any person violating this section shall be guilty of an infraction.
C. Exception: The provisions of this section shall not apply to any person with a disability accompanied by a service dog. “Service dog” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
D. As used in Section 7.08.145, “nuisance” means depositing of fecal matter by any dog upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto without the same being removed immediately by the owner or person having control of said dog.
E. Any person violating any of the provisions of this chapter is guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the city council pursuant to Section 1.15.050 of this code. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for violations of this chapter are established pursuant to Chapter 1.15 of this code.
(Ord. 2479 §§2, 3)
Any person violating any of the provisions of this chapter is guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the city council pursuant to Section 1.15.050 of this code. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for violations of this chapter are established pursuant to Chapter 1.15 of this code.
(Prior code §3.37-1 (Ord. 832 §2, Ord. 944 §1, Ord. 1009 §1), Ord. 2479 § 4)