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ANIMAL-RELATED NUISANCES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any vertebrate creature other than a human being.
ANIMAL OWNER. Any person who owns any animal; has a property right in any animal; or, has any animal in his/her custody, possession, maintenance, care or control. ANIMAL OWNER shall include any person who is temporarily boarding any animal or has any animal in his/her care, custody, control, maintenance or possession, and includes any person providing food, drink, space, or care to stray animals or animals otherwise running at large.
ANIMAL-RELATED NUISANCE. Circumstances in which animal ownership, maintenance or control creates, contributes to, or permits any of the following undesirable animal actions or conditions upon public or private property causing annoyance, discomfort or injury to the health and welfare of persons in the community:
(1) Molesting pedestrians or passing vehicles;
(2) Attacking or chasing people or other animals, with the exception of trespassers upon the private premises of the animal owner;
(3) Damaging public or private property, to include failure of the owner, keeper or walker of any animal to immediately remove any feces deposited by such animal upon any public or private property (other than the property of the owner, keeper or walker of the animal);
(4) Running at large while not being kept securely restrained by a leash or other device;
(5) Making noise in an excessive, continuous or untimely manner which is loud enough to be heard beyond the premises where the animal(s) is kept or harbored, so as to interfere with the reasonable use and enjoyment of any properties within the community;
(6) The existence of stench/offensive odor, or general unsanitary conditions in which the animal(s) is kept, so as to interfere with the reasonable use and enjoyment of any properties within the community or otherwise make their physical occupation uncomfortable.
(Ord. O-5-01, passed 4-2-01)
No animal owner shall permit any animal-related nuisance action or condition to exist at any time where it involves animals in his/her temporary or permanent care, custody, control, maintenance or possession, to include persons providing food, drink, space, or care to stray animals or animals otherwise running at large.
(Ord. O-5-01, passed 4-2-01) Penalty, see § 91.99
Animal control or law enforcement officials shall have the specific authority to impound any animal(s) of an animal owner upon witnessing a violation of this subchapter and to issue uniform citations to any offender. Officials shall possess the power to enter private property in the performance of their duties only if consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consensual search is required, as determined by law enforcement officials.
(Ord. O-5-01, passed 4-2-01)
DEER
It is hereby determined that an increasing population of deer within the city: poses a threat to public safety by increasing the likelihood of deer-vehicle collisions, deer attacks on residents, pedestrians and visitors, and the transmission of diseases to humans from deer; poses a threat to native plant and animal life by excessive foraging which disturbs natural ecological balances; and poses a threat to the quality of life by deer-related damage to landscaping and vegetable gardens.
(Ord. O-34-2007, passed 12-3-07)
(A) No person shall knowingly, purposely or intentionally feed deer, cause deer to be fed or provide food to deer in the city on any public or private property. This prohibition includes, but is not limited to, disbursement of food on the ground, at a feeding station, in a feeding device, or in a container of any form; providing a salt or mineral lick/block; or any other means which serves to provide feed to any deer in the city.
(B) A person shall be deemed to have knowingly, purposely or intentionally fed deer, caused deer to be fed, or provided food to deer if the person places, or allows to be placed, wheat, pelleted livestock food, corn in any form, fruit, vegetables, hay or alfalfa, human food scraps, any form of commercially sold wildlife feed, birdseed or livestock feed, or any other edible matter that deer will consume on the ground or within the reach of deer. This prohibition shall not include live vegetation such as ornamental landscaping, flowers, trees, vines, vegetable gardens, edible matter located either in an enclosed building or stored in a securely sealed package, or unmodified commercially purchased bird feeders or their equivalent when placed out of the reach of deer.
(Ord. O-34-2007, passed 12-3-07) Penalty, see § 91.99
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