(A) An animal has been determined by the Administrator to be a public nuisance when it commits any of the following acts 2 or more times, or any combination of two or more of the following acts 1 or more times:
(1) Habitually or repeatedly, without provocation, chases, snaps at or attacks pedestrians, bicycles or vehicles even if the animal never leaves the owner's property (except that this provision shall not apply if the animal is restrained by a pen, fence or other enclosure) or does so only to transgress upon the adjacent right-of-way and then returns to its owner's property;
(2) Interferes with the reasonable use and enjoyment by neighboring residents of their property because of its habitual barking, howling, whining, crying, crowing or other noise making which can be heard from a distance greater than 50 feet;
(3) Without provocation, and off the premises of the animal's owner, inflicts any injury on a person, including but not limited to a bite or scratch that breaks the skin;
(4) Turns over garbage pails;
(5) Damages gardens or other foliage or other real or personal property; or
(6) Habitually or continuously loiters on school grounds or official town recreation areas while not under restraint of the owner or keeper of the animal.
(B) (1) Upon determining that an animal is a public nuisance, the Administrator shall make a good faith attempt to notify the owner or keeper in writing of the determination, and also make a good faith attempt to obtain the owner/keeper's written acknowledgment of the determination.
(2) However, the acknowledgment shall not constitute a necessary element for a violation by the owner/keeper of this section.
(C) The determination by the Administrator that an animal is a public nuisance shall be final.
(D) Aforementioned rules apply to at-large and leashed animals.
(E) If an animal has been determined by the Administrator to be a public nuisance under this chapter, it shall be unlawful for the owner/keeper to permit the animal to run at large or in any way leave the owner/keeper's property unless under restraint of the owner/keeper.
(F) If the Administrator determines that any animal is creating a nuisance as described in this chapter, he or she shall make a good faith effort, in writing to inform the owner/keeper of the animal, of the nature of the violation(s) and may indicate that unless these violations are corrected, the owner/keeper may be required to remove the animal from town.
(G) If the Administrator determines that any animal cited for a violation of division (A)(1) or (2) above has, within 1 year after service of the notice prescribed in division (B) above, continued to cause a nuisance as described in those divisions or if the Administrator at any time determines that an animal has caused a nuisance as described in division (A)(3) above, then the Administrator may, upon proper service of notice, notify the animal's owner that the animal be required to permanently be removed from town.
(1981 Code, § 10-8) (Ord. passed 2-26-2001; Am. Ord. passed 2021)