(A) Nuisance Declared: Any animal is hereby declared to be a public nuisance if it:
1. Bites a person.
2. Chases vehicles or persons.
3. Damages or destroys property of persons other than the owner of the animal.
4. Scatters garbage.
5. Trespasses on private property of persons other than the owner of the animal.
6. Barks or howls or whines for five (5) or more total minutes in any fifteen (15) consecutive minutes and thereby disturbs one or more persons not then residing in the residence of the owner, possessor or keeper of the animal; provided, however, an initial occurrence shall result in the issuance of a warning only with any subsequent occurrence within a seven (7) day calendar period of the initial occurrence being subject to all penalties provided for herein.
7. Makes unprovoked attacks on other animals.
8. Any biting animal may be declared vicious by the animal control board.
(B) Exception To Dog As Public Nuisance: A dog shall not be considered a public nuisance if the dog bites:
1. A person battering a dog's owner or the owner's spouse or children or persons legally residing with the owner, or
2. A person wrongfully assaulting the dog, or
3. A person entering a fully fenced area, regardless of where located, if that area is conspicuously posted with signs warning of the presence of the dog within the fenced area. (Ord. 354, 11-7-2016)