(A) It shall be unlawful for a sitter, keeper, owner or harborer of a dog, due to his or her control or because of a lack of his or her control of a dog, to permit or allow such dog to:
(1) Attack, chase, snap at, lunge at or to otherwise threaten or menace a pedestrian or passerby;
(2) Evidence barking or howling to the extent or degree that such barking or howling unduly interferes with a person’s reasonable enjoyment and occupation of commercial or residential premises, or such barking or howling unduly interferes with a person’s reasonable expectation to be free of such extraneous noise in the environment in which he or she works or resides. A dog shall be presumed to be a nuisance and in violation of this section, if such dog engages in a tireless, persistent, sustained or continuing course of such howling or barking:
(a) For a period exceeding, in the aggregate, two minutes on more than one occasion within an uninterrupted half-hour period after sunset but before sunrise; or,
(b) For a period exceeding, in the aggregate, five minutes on more than one occasion within any uninterrupted half-hour period after sunrise but before sunset.
(B) It shall be unlawful for a sitter, keeper, owner or harborer of a dog, to permit or allow:
(1) The accumulation of dog excrement so as to cause unsightly litter or a malodorous fouling of the air and thereby create an unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the dog is kept or harbored; or
(2) Unsanitary conditions in enclosures or surroundings where the dog is kept or harbored.
(C) Any dog which is the subject of any violation of this section may be seized and thereafter impounded as set forth by the policy of dog control authorities.
(D) A police dog which is under the command and control of its handler during a specific police-related duty, not including continuous housing and care, so long as the handler is acting under color of official authority and performing such duties shall not be deemed in violation of division (A) of this section.
(Ord. 2013-012, passed 8-12-13) Penalty, see § 90.99