§ 90.05 ANIMALS CREATING NUISANCE.
   (A)   It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner so as to constitute a nuisance. This provision does not apply to animals used during the course of lawful hunting.
   (B)   The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public; or interferes with the ordinary use and enjoyment of private or public property. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a nuisance and are therefore unlawful:
      (1)   Maintaining an animal that damages property.
      (2)   Maintaining an animal that chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers, domestic or exotic animals.
      (3)   Allowing an animal to create a danger to the public while running at large.
   (C)   Any owner permitting an animal(s) to create a nuisance shall pay a civil penalty of (fees effective May 11, 2004):
      (1)   First violation - $25 plus shelter reclaim fee & boarding fee if applicable as well as an order of restraint.
      (2)   Second violation - $50 plus shelter reclaim fee & boarding fee if applicable.
      (3)   Subsequent violation - $100 plus shelter reclaim fee and boarding fee if applicable.
   (D)   Payment: said civil penalties shall be paid at the Davidson County Finance Department within 30 days of the issuance of a notice of citation for violation of this section including cumulative notice (covering on-going citations issued for a period of time) if an appeal is not filed as described below.
   (E)   Appeals: appeal of any citation issued under the authority of this chapter shall be by notice in writing submitted to the Davidson County Manager within 25 days of its issuance. Failure to timely submit a written notice shall constitute a waiver of right to appeal the citation.
      (1)   The Davidson County Manager shall either personally hear or shall designate a hearing officer to consider the appeal.
      (2)   Conduct of hearing: at a scheduled hearing, both the individual cited and the Sheriff’s Department Representative will submit evidence tending to prove or disprove the existence of the violation with the burden of proof on the appellant. Upon submission of evidence, the decision of the deputy issuing the citation will be either upheld or vacated unless there is a stipulation of violation with a waiver of fine upon performance of certain actions. If upheld, the cited individual has an additional five business days to pay the fine as described above after appeal decision is made.
(Ord. passed 12-12-17)