(A) When any person complains that he or she is molested by an animal, which the person deems to be vicious, the Animal Control Officer shall not be required to pick up the animal unless the Animal Control Officer shall, from his or her own observation, determine that the animal is, or appears to be, of a vicious nature, or unless the person complaining shall swear out a warrant against the owner of the animal, in which event, the animal will be picked up by the Animal Control Officer and held awaiting the trial of the issue between the owner of the animal and the person filing the complaint.
(B) It shall be unlawful for any owner or custodian of an animal to fail to exercise proper care and control of his or her animal to prevent it from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passers-by, chasing vehicles, habitually attacking other domesticated animals, trespassing upon school grounds or trespassing upon private property in a manner as to damage property shall be deemed a nuisance.
(Code 1977, § 5-8) (Ord. 84-24, passed 11-12-1984)