(A) The following are public nuisances and unlawful:
(1) Any dog or cat that damages property (that is not the property of the owner), including plantings, lawns, or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly;
(2) Any dog or cat that, without provocation, chases, molests, or approaches pedestrians or bicyclists in a threatening manner upon the streets, sidewalks, right-of-way, or any public property, or habitually chases automobiles on the public streets or highways;
(3) Any dog or cat that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity;
(4) Any dog or cat that kills or attacks another domestic animal or livestock without provocation while off the owner's property; and
(5) The owning, keeping, or harboring of any dog or cat which shall by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity. The phrase
UNREASONABLY AND/OR EXCESSIVELY DISTURB THE PEACE AND QUIET shall include but is not limited to the creation of any noise by a dog or cat which can be heard by any person, including an Animal Control Officer or law enforcement officer, from a location off the dog or cat owner's property where the dog or cat is being kept, and which noise occurs repeatedly over at least a 5-minute period of time with 1 minute or less lapse of time between each animal noise during the 5-minute period. This provision shall not apply to dogs and cats that are responding to trespassers or to dogs and cats that are teased or similarly provoked to bark or meow.
(B) Any person may, by telephone, notify the City Clerk, Animal Control Officer, or law enforcement officer of an alleged violation of this subchapter. A telephone call does not, however, constitute a formal complaint to initiate the citation process. All formal complaints shall be submitted in writing to the attention of the City Clerk and shall describe the dog or cat, state the acts committed by the dog or cat, the name and address of the person owning or harboring the dog or cat, and the name and the address of the person making the complaint. The City Clerk shall then promptly notify the person owning or harboring the dog or cat of the acts complained of, either by letter or door tag, and shall request that the nuisance be abated or eliminated within a specified time period. The City Clerk shall also cause the Animal Control Officer or law enforcement officer to investigate and file a report on the complaint.
(C) Upon receipt of a second complaint of a violation of this subchapter, the City Clerk shall cause the Animal Control Officer or law enforcement officer to investigate and file a second report on the complaint. If the offense is corroborated by the investigation, the City Clerk shall, by certified letter, notify the person owning or harboring the dog or cat of the violations complained of, and require that the nuisance be abated or eliminated within 24 hours or some other reasonable time specified in the letter. A copy of the letter shall be mailed to the Animal Control Officer and a copy shall be mailed to the person making the complaint.
(D) If the owner fails to take corrective action within 24 hours (or within the time specified in the letter), the City Clerk shall contact the appropriate law enforcement agency and/or the City Attorney, inform them of the alleged violation, and request that the owner be cited.
(Prior Code, § 1401.120) (Ord. 7470, passed 10-15-1996) Penalty, see § 90.99