(A) Purpose. Due to the fact that the Common Council believes that dog waste is a public safety concern in that it can carry disease and, further, it can be unhealthy, the city is passing this section to protect the public health and welfare and to restrict the deposit of animal waste on property within the city.
(B) Restrictions.
(1) No person shall knowingly allow a dog, which is kept by that person, to defecate on a public street, byway, municipally-owned or public land or building, or upon private property, in the city without the prior permission of the owner of such property; however, if the dog defecates on property described in this subsection (B), and the animal’s owner or keeper promptly removes the feces to a proper waste container, or otherwise dispose of such material in a manner that is inoffensive and reasonable to the public sensitivities, then it is not a violation of this section.
(2) Notwithstanding the provisions of subsection (B)(1) above, the owner of a dog serving a vision-impaired person in an auxiliary ocular capacity or in any capacity to assist such person with a physical impairment may permit such dog to deposit waste on ground situated outside of pedestrian or vehicular traffic ways, and is relieved of the requirement to remove any feces to the extent such requirement is impractical for a person of such impairment.
(C) Enforcement. This section shall be enforced by the city, including the city’s Police Department, as well as the city’s Code Enforcement, Director of Public Works and Board of Public Works and Safety, and their authorized assignees to enforce this section.
(D) Violations and penalties.
(1) A person who violates any provisions of this section shall be punishable by fine imposed for such violation and such fine shall be $50.
(2) In addition to the fine established by this section, violation of this section is hereby declared to be a public nuisance, which may be abated by the city’s Board of Works, by restraining order, preliminary and permanent injunctions or by other means provided for by law, and the city may take action to recover costs of the nuisance abatement.
(3) Each event or occurrence shall be a separate and distinct violation.
(4) The City Court and/or other court of competent jurisdiction shall have jurisdiction over such violations and penalties.
(Ord. 2017-1739, passed 2-21-2017)