§ 95.26 NUISANCES AND ANIMAL WASTE.
   (A)   Every owner of a domestic animal shall exercise proper care and control of the animal to prevent the animal from becoming a public nuisance. Molesting passers-by; chasing persons, vehicles, bicycles, skateboarders, roller skaters and the like; attacking persons or other domestic animals; damaging property; running at large; or similar acts performed by animals shall be deemed a nuisance.
   (B)   The owner or custodian of any animal must dispose of all waste and excrement properly as provided in this section.
      (1)   No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area, or common grounds owned jointly by the members of a homeowners' or condominium association, or upon private property other than that of the owner, unless such owner immediately removes and disposes of all feces deposited by such animal in a sanitary manner.
      (2)   It is unlawful for any person owning, keeping or harboring an animal to cause or permit said animal to be on any public property or private property not owned or possessed by such person, without having in his or her immediate possession a device for the removal of feces and depository for the transmission of excrement to a proper receptacle located on the property owned or possessed by such person.
      (3)   It is unlawful for any person in control of, causing or permitting any animal to be on any public property or private property not owned or possessed by such person, to fail to remove feces left by such animal and dispose of it properly.
      (4)   Proper disposal of animal waste shall be limited to burial where lawfully permitted, flushing in the toilet, bagging for disposal in the owner or keeper's waste receptacle, and bagging for disposal in a waste receptacle in a public park or park area.
      (5)   Disposal of animal waste in the municipal separate storm sewer system (MS4) is prohibited.
      (6)   Disposal of animal waste in public compost is prohibited.
      (7)   The provisions of this section shall not apply to the ownership or use of any properly identified service animals, animals when used for police activities, or tracking animals when used by or with the permission of the appropriate authorities.
   (C)   It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner’s or caretaker’s premises.
   (D)   Any person violating any provision of this section is guilty of a petty misdemeanor.
(`89 Code, § 173.090) (Am. Ord. 828, passed 7-16-2024)