(A) It shall be unlawful for any owner or person in control or having custody of any dog to fail to remove the fecal matter of such dog from:
(1) The street, sidewalk or swale area or any other public property; or
(2) Any public park or beach, or school ground, other than in areas designated for such purpose; or
(3) Any private property not belonging to the owner or person having custody of the dog.
(B) For the purpose of this section, all fecal matter shall be immediately removed by placing such matter in a bag, wrapper, closed or sealed container and thereafter disposing of it in a trash receptacle, sanitary disposal unit or other closed or sealed container.
(C) Any person owning or leasing any private property in the city is responsible for maintaining such property in an odor-free and sanitary condition in accordance with this section.
(D) Except as otherwise provided, a violation of this section shall be subject to the issuance of a notice to appear and shall be subject to:
(1) A fine not exceeding $25 for a first violation;
(2) A fine not exceeding $50 for a second violation within one year; and
(3) A fine not exceeding $100 for each additional violation within one year.
(E) This section shall not apply to blind persons accompanied by a guide dog used for their assistance.
(Ord. O-96-10, passed 4-17-96) Penalty, see § 92.99