A. Animals Declared Nuisance; Penalty: Any person having custody of a dog(s) shall exercise proper care and control of his/her animal(s) in order to prevent it from becoming a public nuisance. Any owner or possessor of an animal who keeps such animal contrary to the provisions of this section shall be guilty of a class C misdemeanor and subject to punishment under authority of this chapter. An animal shall be deemed to be a public nuisance if the animal:
1. Causes damage to, damages, or destroys property of anyone other than the animal's owner.
2. Causes unreasonable odors.
3. Causes unsanitary conditions.
4. By loud, continued, or frequent barking, howling or yelping, shall annoy, disturb or endanger the health and welfare of any person or neighborhood, attested to by more than one complainant or witnessed by Corinne City's animal control officer.
5. Chases any person, vehicle, bicycle or other animal that is properly restrained.
6. Bites, attacks, chases or worries a person or domestic animal.
a. Owner Liable: The owner in violation of the above shall be strictly liable for damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.
b. Exception: A dog shall not be considered a public nuisance under this section if it bites a person who is wrongfully assaulting the dog or the dog's owner, or if it bites a person upon the premises owned or occupied by the dog's owner after being provoked by that person.
7. Scatters garbage.
8. Urinates or defecates on property of another or town property.
9. Is an animal, which has, been impounded for being at large, or its owner or possessor has been convicted for a dog being at large on three (3) separate occasions within a twelve (12) month period.
10. Is an animal previously declared potentially dangerous or dangerous and is found in violation of restrictions placed on that dog by the town.
11. If the dog trespasses on private property of a person other than the dog's owner.
B. Abatement Of Public Nuisance Animals:
1. "Abatement" shall be defined to include either relocating or euthanizing the animal.
2. When it reasonably appears to the town that an animal is a "public nuisance" as defined in this chapter, and that such nuisance should be abated, the town appointed officer shall first attempt to get written consent of the animal's owner to abate the animal.
3. If the animal's owner's consent cannot be readily obtained, the town may file with the governing court a charge of maintenance of a public nuisance. The charge shall set forth the facts, according to the best information, indicating that the owner is maintaining a public nuisance, and the nuisance should be abated. Until such time as the owner may be summoned to appear before the court, the animal(s) may be impounded, and held pending a decision by the court.
4. If the charge is denied, a hearing will be set pursuant to the normal procedure of the governing court. If the court finds that the charge of maintaining a public nuisance has been proven, the court shall issue an order setting out the method of abatement.
5. Abatement, by relocation, shall not be an option if the animal represents a continuing threat or serious harm, such as in the case of a vicious dog.
6. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that the animal shall not constitute a nuisance in the future.
7. In the event the court determines that, in fact, the animal is a public nuisance, the owner shall pay the cost of all impoundment fees, maintenance fees, or any other fee that may incur as a result of such impoundment. (Ord. 11-04, 11-1-2011)
Notes
| 1 | 1. See also subsection 4-1-1C2f of this code. |