§ 90.12  NUISANCES.
   (A)   The following actions are considered to be a nuisance and shall be unlawful:
      (1)   No female animal in heat shall be allowed upon any street, avenue, highway, alley, sidewalk, parkway, park or other public place within the city, unless such animal is under the control of the owner or any other person, either by leash, cord, chain or otherwise, and only for the minimal amount of time necessary for female animal to defecate or urinate. Should female animal create or cause a nuisance as described in any other division of this section, the person in control of the female animal shall be found to be in violation of division (B) of this section.
      (2)   The keeping of any animal, which, by causing frequent or long continued barking, crying or noise that shall disturb any person of ordinary sensibilities in the vicinity is prohibited.
      (3)   The keeping of any animal or insect in such a manner so to endanger the public health; to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or by continued presence on the premises of another is prohibited.
      (4)   All animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensibilities are prohibited.
      (5)   It shall be unlawful for any person in the city to cause to be placed or place on the premises of any other person, or in any of the streets or other public ways, a dead animal, either wild or domesticated, or any dead fowl, either wild or domesticated, or allow to remain on his or her premises a dead animal, either wild or domesticated.
      (6)   The owner of any animal who permits, takes, or causes such animal to be on any sidewalk, park, or other public place shall clean up any waste created by such animal and remove it to an appropriate trash disposal location.
   (B)   It is unlawful to create or allow a nuisance as defined herein. Any person who creates or allows a nuisance is deemed guilty of a misdemeanor and, upon conviction, is subject to a fine, as authorized by other sections of this chapter and references to the Code of Ordinances of the city.
   (C)   A continuing public nuisance in this section is defined as an irresponsible action of ownership or control of an animal(s) that endangers the public health, public safety or public welfare; an action that offends the public morals; or an action that endangers life or health, gives unreasonable offense to the senses, or obstructs the reasonable and comfortable use of another's property. If the Animal Control Manager determines that a continuing public nuisance exists, one which is detrimental to the public health, safety, and welfare and one which continues unabated despite enforcement efforts, he may take action to abate such nuisance.
      (1)   If the Animal Control Manager determines that such public nuisance exists unabated, the Animal Control Manager may determine that a continuing public nuisance exists. He may investigate any report of perceived nuisance, and may interview witnesses as he may determine necessary. He shall make a disposition determination based on the necessity to preserve the public health, safety, and welfare of the community. This determination shall be one of the following:
         (a)   Impoundment of the animal(s) that is the source of the continuing public nuisance and the adoption of the animal(s), except that the owner, his/her agents or representatives, or family members may not adopt the animals adjudged a continuing public nuisance.
         (b)   Impoundment and humane destruction of the animal(s) that is the source of the continuing public nuisance.
         (c)   Removal of an animal(s) determined to be a continuing public nuisance from the city.
      (2)   Upon determination, the Animal Control Manager shall notify the animal owner or the person in control of the animal(s). This notice shall be in writing and shall contain a statement that such person has a right to appeal.
      (3)   Notice shall be mailed certified mail, return receipt requested, to last known mailing address of the owner or person in control of the animal(s), or delivered in person.
      (4)   An owner or person in control of the animal(s), not later than ten business days after the date such person is notified that an animal(s) is a continuing public nuisance, may appeal the determination of the Animal Control Manager to the Municipal Court.
      (5)   The owner or person in control of the animal(s) determined to be a continuing public nuisance shall remove such animal(s) from the city within ten business days of such notification by the Animal Control Manager, or within 48 hours of an unsuccessful appeal. The failure to remove such animal(s) shall be an offense and each day thereafter that such person fails to remove such animal(s) shall constitute a separate offense.
      (6)   If the owner or person in control of such animal(s) fails to remove such animal(s) as provided for by the order of the Animal Control Manager or the court, such animals may be impounded and put up for adoption or humanely destroyed.
      (7)   The owner or person in control of such animal(s) must report the disposition and exact address or relocation of such animal(s) to the Animal Control Manager in writing within ten business days after the expiration date for removal of such animal(s) from the city. Each day thereafter that such information is not provided shall constitute a separate offense.
      (8)   The Animal Control Manager shall be authorized, after due process, to obtain a search and seizure warrant for the purpose of enforcing this section.
(Ord. OR-1787-10, passed 10-11-10)