(A) Animal care constituting a nuisance. It shall be unlawful for any person to own, keep, or maintain a companion animal in such a manner as to constitute a public nuisance as defined herein.
(1) Maintaining animals in an unsanitary environment that results in odors considered excessive to a reasonable person; or, in an environment that is dangerous to the animal or to the public health, safety, welfare; or failure to maintain a condition of good order and cleanliness that reduces the probability of transmission of disease.
(2) Maintaining the owner's property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density, or location of animals on the property. This includes the keeping, possessing, or harboring of wild or feral animals that threaten the public health, safety or welfare.
(3) Maintaining an animal that is diseased and dangerous to the public health.
(4) Harboring, keeping, owning, or possessing an animal that is at large or is repeatedly at large.
(B) Animal behavior constituting a nuisance. It shall be unlawful for an owner to permit an animal to habitually do the following, but not limited to: chases bicycles, motor vehicles or pedestrians, damages private or public property, turns over garbage cans, deposits feces on another's private property or on public property, or an animal running at-large. The prohibition against running at-large does not apply to animals in designated off-leash areas.
(C) In addition to any other enforcement remedies available under this chapter, if a law enforcement officer determines an animal to be a nuisance under this section, then such officer is authorized to order the owner to confine such animal in accordance with the law enforcement officer's instructions, including a permanent above-ground fence or tethering or chaining inside a fence; this does not include natural barriers. It shall be unlawful for the owner to fail to comply with such an order or with the instructions in the order. In addition, any animal determined to be a nuisance under this section must be micro chipped within 10 days of the nuisance determination. Law enforcement officers with the Police Department shall be allowed to make periodic inspections.
(D) Animal owners, where nuisances have been determined, shall be notified and ordered to abate said nuisance within 5 days by whatever means necessary. Failure to comply within this time frame shall constitute a separate offense for each day thereafter. No civil penalty shall accrue during the 5-day warning period.
(E) Reporting. Upon receipt of a detailed complaint to the Police Department, the owner shall be notified by certified or registered mail or by hand delivery.
(F) Appeal. The owner shall have 3 days to appeal the nuisance determination to the Town of Fletcher Animal Appellate Board.
(G) Nothing in this provision is intended to conflict with the Town of Fletcher nuisance ordinance, noise ordinance or other applicable section of the Town of Fletcher Code.
(H) In addition, any animal determined to be a nuisance under this section must be microchipped at the owner's expense within 5 days of the nuisance determination or appeal determination.
(Ord. O-17-16, passed 11-13-2017; Am. Ord. passed 5-14-2018)