(a) The following conditions are hereby declared to be a nuisance. Any animal or animals which:
(1) Chase, frighten or otherwise intimidate passersby or passing vehicles;
(2) Attack other animals;
(3) Trespass;
(4) Are repeatedly at large;
(5) Damage private or public property; or
(6) Bark, whine, scratch, howl, smell or make excessive noise as to disturb or unduly annoy the public in continuous or untimely fashion.
(7) Create an unsanitary condition of obnoxious or foul odors.
(b) Any dog or other animal alleged to be a nuisance, as defined in this section, may be proceeded against in the municipal court after a complaint has been duly filed therein by any person having knowledge thereof, and if the court shall find that such dog or other animal is a nuisance, then the court may order the owner or the person in possession to prevent and abate such nuisance, or the court may order such dog or animal impounded and the owner or person in possession may have the dog or other animal returned upon paying all costs of impounding and giving good and sufficient bond, in the sum as set by the City, conditioned that he or she will prevent and abate such nuisance. Thirty days thereafter, such owner or person in possession may present to the court evidence that the nuisance has been abated and prevented and the court may, upon such hearing, order the bond returned. It is the intent of this section to restrict the privilege of keeping, possessing, owning or harboring an animal within the City limits to those of a quiet and peaceable nature; and not only shall the owner of such animal be liable for the infliction of penalties provided but upon order of the municipal judge, subsequent to a due process hearing, shall surrender the animal for the purpose of destruction or disposition.
(Ord. 4968. Passed 8-10-05.)