505.08 NUISANCE CONDITIONS PROHIBITED; HARBORING.

   (a)   No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.

   (b)   No person shall keep or harbor animals or fowl in the Municipality which frequently create unreasonably loud and disturbing noises of such character, intensity, and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any animal or fowl habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such animal or fowl.

(Ord. 2004-028. Passed 6-22-04.)

   (c)   Whoever violates this section is guilty of permitting a nuisance condition and shall be punished as follows:

      (1)   Except as otherwise provided in subsection (c)(2) or (3), the offender is guilty of a minor misdemeanor.

      (2)   Except as otherwise provided in subsection (c)(3), an offender who, within two years of the offense, previously has been convicted of or plead guilty to one violation of subsection (a) or (b) of this section is guilty of a misdemeanor of the fourth degree.

      (3)   Except as otherwise provided in subsection (c)(3), an offender who, within two years of the offense, previously has been convicted of or plead guilty to two or more violations of subsection (a) or (b) of this section is guilty of a misdemeanor of the third degree. In addition to any jail term and fine imposed, the court may require that the animal involved in the violation be removed from the property at which the offense occurred and may further prohibit the offender from keeping or harboring any animal on the property at which the offense occurred during any term of probation.

         (Ord. 2012-010. Passed 3-6-12.)