(A) Every owner of a dog shall exercise proper care and control of his dog to prevent the dog from becoming a nuisance. Excessive or untimely barking, molesting passerby, chasing vehicles, attacking other domestic animals, depositing excretory matter on property other than that of the owner and damaging property, shall be deemed a nuisance and such acts shall be considered a violation of this section. Any dog that shall bite, attack or attempt to bite one or more persons three or more times within any four-year period, and/or any dog or dogs who have subjected their owner to a conviction of a third offense for excessive or untimely barking within any two year period can be declared a nuisance by the Animal Warden who can order that such dog or dogs will not be kept in the town, be destroyed, or such other procedure that will eliminate the dog or dogs as a nuisance.
(B) Sanitation.
(1) No owner or custodian of any animal shall cause or allow such animal to soil, defile, or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods;
(a) Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and
(b) Removal of such bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law.
(2) No person owning, harboring or keeping an animal within the town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others.
(3) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.
('86 Code, § 3.112) (Am. Ord. 2002-03, passed 4-15-02; Am. Ord. 2008-02, passed 2-25-08) Penalty, see § 90.99