(A) The keeping of any animal in such manner or in such numbers as to constitute a public nuisance is hereby prohibited.
(B) For the purposes of this section, a PUBLIC NUISANCE shall include, but not be limited to, the following:
(1) The keeping of any animal which frequently is at large;
(2) The keeping of a cage or pen, constructed and used for the purpose of restraining animals within ten feet of the outer limits of the lot upon which the cage or pen is situated; provided, however, this setback requirement shall not be applicable where the placing of the cage or pen within the ten-foot area does not result in locating the cage or pen within 50 feet of the nearest household occupied by persons other than the owner or custodian of the cage or pen. This division shall not apply to the fencing of all or a major portion of a lot;
(3) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers, or damaging gardens, flowers, or vegetables, or defecating upon the property of another;
(4) Maintaining animals in an unsanitary environment for the animals which results in offensive odors or a failure to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease, with unsanitary being determined by best management practices for the particular animal;
(5) Maintaining animals in such a manner and location as that animal waste can accumulate and run off onto another owner’s property or into a stream;
(6) Maintaining the owner’s property in a manner that is dangerous to the public health, safety, or welfare of the community because of the number, type, variety, density or location of the animals on the property;
(7) Maintaining an animal that is diseased or potentially dangerous to the public health through transmission of a zoonotic disease; or
(8) Failing to confine a female animal while in heat in a secure enclosure in such a manner that will prevent the animal from coming into contact with a male of its species, or attract other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within a securely enclosed area.
(Ord. passed 9-16-2021) Penalty, see § 91.99