(A) ANIMALS AS PUBLIC NUISANCES is defined as any animal which:
(1) Interferes with passers-by or passing vehicles;
(2) Attacks other animals or persons;
(3) Is at large;
(4) Damages private or public property;
(5) Causes frequent or long continued noises or other sounds common to its species which disturb the repose of any person in the immediate neighborhood;
(6) Causes foul or noxious odors which offend the senses of residents in the neighborhood; or
(7) Trespasses on the private property of persons other than the owner of the animal.
(Prior Code, Title III, Ch. XIII, Art. II, § 1)
(B) (1) The Town Marshal shall have reasonable plenary power to immediately abate a continuing nuisance.
(2) In addition, whenever the Town Marshal determines that a nuisance exists, he or she shall cause to be served on the owner or keeper of the animal a written warning, requiring the immediate, or designated time for, abatement of the nuisance. If the animal’s owner or keeper fails to abate the nuisance immediately or within the designated time, or should the offending animal repeat the nuisance, the Town Marshal shall immediately abate the nuisance and serve or cause to be served on the owner or keeper of the animal a citation to appear in the court having jurisdiction and show cause why a civil penalty should not be assessed.
(3) Continued failure to abate a nuisance may also result in summoning the County Animal Control Officer to take control of the animal until such time as the owner or keeper can take control of the animal and complies with this section or until it is determined that the animal should be disposed of in a humane manner.
(Prior Code, Title III, Ch. XIII, Art. II, § 2)
(Ord. passed 7-2-2001; Ord. 6, 2010, passed 12-22-2010)
Penalty, see § 90.99