(A) It shall be unlawful for an owner or keeper to permit an animal to create a nuisance, or to maintain a nuisance created by an animal. Compliance shall be required as follows:
(1) When Code Enforcement Officer, law enforcement officer or person duly authorized by the town observes a violation, the owner or keeper will be provided written notification of the violation and be given 48 hours from time of notification to abate the nuisance;
(2) Upon receipt of a written detailed and signed complaint being made to the Code Enforcement Officer by any person that any other person is maintaining a nuisance as defined in this chapter, the Code Enforcement Officer or delegate shall cause the owner or keeper of the animal in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing; and
(3) If the written findings indicate that the complaint is justified, the Code Enforcement Officer or person duly authorized by the town shall cause the owner or keeper of the animal in question to be so notified in writing, and ordered to abate the nuisance within 48 hours by whatever means may be necessary. If the owner or keeper of the animal is unknown and cannot be ascertained, the notice and order, along with a general description of the animal, shall be posted for 48 hours at the town hall. If after 48 hours the owner or keeper of the animal remains unknown, the animal may be impounded or humanely destroyed.
(B) Every female dog or cat, while in heat, shall be confined in a building or secure enclosure in a manner that she will not be in contact with another dog or cat, and will not create a nuisance by attracting other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal being bred.
(C) It shall be unlawful for any person to own, keep or have within the town an animal that habitually or repeatedly makes noises that tend to annoy, disturb or frighten its citizens.
(D) It shall be unlawful for a person to fail or refuse to abate the nuisance as required by this section.
(Ord. passed 5-13-2003) Penalty, see § 94.99