(A) Animal waste on public property. No person owning, harboring, keeping or controlling any dog or cat or other domestic animal or pet shall cause, suffer or allow such animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk or upon any public property whatsoever, or upon any private property without permission from the property owner. The restriction in this section shall not apply to public property when the owner or person in control of such animal complies with the following conditions:
(1) The person immediately removes all feces deposited by such animal by any sanitary method.
(2) The feces removed from the aforementioned designated areas is disposed of by the person in accordance with the provisions of this section in a sanitary manner approved by the city .
(B) Animal waste on private property.
(1) The accumulation of animal feces in or on any private property is hereby declared a nuisance.
(2) Every person who is the owner or occupant of private property or the agent in charge of such property is charged with the duty of keeping such property free of any accumulation of animal feces.
(3) ACCUMULATION for purposes of this division (B) shall mean:
(a) Any quantity which results in the presence of feces odor at the property line; or
(b) Any quantity that interferes with the use or enjoyment of any neighboring property as the result of odors, visual blight, or attraction of insects, rodents or other pests; or
(c) Any quantity that otherwise constitutes a hazard to the health, safety or convenience of persons residing both on and off of the property.
(4) Notice to remove.
(a) Each owner, occupant or agent having charge of such property who is notified in accordance with the provisions set forth herein by a community service officer, a peace officer or any other duly authorized agent of the city, including without limitation, any and all city personnel in the city's code compliance division, to remove an accumulation of feces, shall be charged with the duty of removing such feces and satisfactorily disposing of the same within 24 hours of the effective date and hour of the notice.
(b) The notice shall set forth in writing the dates of inspection, the address of the property found to have an accumulation of animal feces, the fact that such an accumulation was observed, and the fact that the owner, occupant or agent must remove the accumulation within 24 hours of the notice's effective date and hour.
(c) If the property where an accumulation of feces is found contains only a single-family dwelling, then the notice shall be directed to the occupant of such property whether such occupant be the property's owner or lessee. If the property where the accumulation of feces is found contains more than one dwelling unit, then notice shall be directed to the record owner of such property or the agent in charge of such property.
(5) The notice's effective date and hour shall be determined in accordance with the manner in which the notice was served:
(a) If a copy of the notice is delivered to an owner of record personally or to any adult occupant of the property personally or to the agent in charge of such property personally, the notice's effective date and hour is the date and hour so personally served.
(b) If a copy of the notice is delivered to the usual place of abode of an owner of record or to the occupant at the property and left with a person in the owner or occupant's family 13 years of age or older and of suitable discretion, who shall be informed of the contents thereof, and concurrently, a copy of the notice is sent by first class mail addressed to the usual place of abode of such owner and the occupant at the property, said notice becomes effective upon the date and hour of personal service upon such family member.
(c) If a copy of the notice is sent by certified or registered mail addressed to an owner of record at his or her last known address or the occupant at the property and receipt thereof is returned with the signature of such owner or occupant, then the effective date and hour of said notice shall be midnight of the date following the date signed for as evidenced by the return of mail received. If the notice is returned to the city undelivered, then a copy of the notice shall be posted conspicuously on the property, and the notice's effective date and hour is the date and hour the notice was so posted.
(6) No owner, occupant or agent in charge of such property shall fail to satisfactorily remove and dispose of such accumulation of feces within 24 hours of the effective date and hour of the notice to remove the same. A violation of this section shall be punishable by a fine of not less than $100 plus court costs and not more than $750 plus court costs. A second violation of this section shall be punishable by a fine of not less than $200 plus court costs and not more than $750 plus court costs. A number in excess of two violations of this section shall be punishable by a fine of not less than $400 plus court costs and not more than $750 plus court costs, and impoundment and disposition per §§ 91.30 through 91.32.
(7) Fourth or subsequent violations. After an owner, occupant or agent having charge of property is thrice notified of a violation of this section, and regardless of whether that person complies with any prior notice, a fourth or subsequent instance of an accumulation in violation of this section shall constitute a violation subjecting that person to a fine of not less than $500 plus court costs and not more than $750 plus court costs, and in order to abate such a nuisance, the court may, in addition to ordering any other legal or equitable relief, order that the owner or keeper may no longer own, harbor or maintain the dog or cat, or any other animal, causing the nuisance on any property within the city.
(Ord. 3584, passed 8-11-08) Penalty, see § 91.18