(a) It shall be unlawful for the owner or harborer of any animal to keep or maintain an animal in the city so as to constitute a nuisance. For the purpose of this section,
CONSTITUTING A NUISANCE shall be defined as:
(1) Any animal which:
(A) Molests or interferes with any person in the public right-of-way, or within any public place, or upon property of another absent that person’s consent;
(B) Attacks or injures a person or other domestic animal;
(C) Damages by its activities or with its excrement property other than that owned by its owner or harborer;
(D) Scatters refuse that is bagged or otherwise contained;
(E) Causes any condition which threatens or endangers the health or well-being of any person or other animal; or
(F) Disturbs the peace of any neighborhood by frequent and habitual loud barking, howling, yelping, mewing, roaring, screeching or other sound.
(2) Any person who:
(A) Appears with an animal upon any public rights-of-way, within any public place or upon any property of another absent that such property owner’s consent, without some means for the removal of such animal’s excrement;
(B) Fails to immediately remove any excrement deposited by such person’s animal upon any public or private property other than the property of the owner or harborer of the animal; or
(C) Fails to remove or dispose of animal excrement in such manner as to prevent the breeding or infestation of flies or other insects.
(b) Subsections (a)(2)(A) and (a)(2)(B) above shall not apply to any blind person or his or her service dog.
(c) Upon the failure of any owner to abate such a condition upon order of the Municipal Court, the Court may, in addition to imposing any fine, abate the condition by ordering that the offending animal be taken up, impounded and/or disposed of at the owner’s expense.
(Ord. 1456, passed 9-13-2010)