A. Care And Control Required: All persons harboring, owning, keeping, possessing, maintaining or having custody of any animal shall exercise proper care and control of his/her animal in order to prevent them from becoming a public nuisance. Any owner or possessor of an animal who maintains a public nuisance in a manner contrary to the provisions of this chapter, and/or the owner of the property upon which the animal is usually maintained (if the violation is of the nature of a property maintenance violation under other provisions of this code), shall be subject to enforcement as provided in this title. Any animal shall be deemed a public nuisance if the animal:
1. Causes damage to the property of anyone other than its owner.
2. Causes unreasonable odors.
3. Causes unsanitary conditions.
4. Barks, whines, howls or makes other disturbing noises for an extended period of time.
5. Chases vehicles.
6. Is a "vicious animal", as defined herein.
7. Is a "dangerous dog", as defined herein.
8. Is a "potentially dangerous dog", as defined herein.
9. Is an animal which has been impounded for being at large, or its owner or possessor has been convicted for the animal being at large, on three (3) separate occasions within a twelve (12) month period.
10. Worries domestic animals, persons, or wildlife.
11. Is an animal which has been found to be in violation of this title on three (3) or more different occasions during any twelve (12) month period.
B. Abatement: When it reasonably appears to the animal services coordinator or officer that any animal is a "public nuisance", as defined in subsection A of this section, and that such nuisance should be abated, the animal services coordinator or officer shall first attempt to obtain the written consent of the animal's owner to abate the animal. "Abatement" shall be defined to include either relocating or euthanizing the animal. If the animal owner's consent cannot be readily obtained, the animal services coordinator or officer may file with the justice court a charge of the maintenance of a nuisance. The charge shall set forth the facts according to the best of the animal services coordinator or officer's information and belief, indicating that the owner is maintaining a nuisance and that the nuisance should be abated. The court may then order that the animal be impounded pending disposition and shall then order that the owner be summoned into court to answer to the charge. If the charge is denied, a hearing shall be set upon not less than three (3) days' notice to the owner. If the court finds that the charge of maintaining a nuisance has been proven, the court shall issue an order to the animal services coordinator or officer setting out the method of abatement. Abatement should not be by relocation if the animal represents a continuing threat of serious harm. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that said animal shall not constitute a nuisance in the future. If the animal is determined to be a nuisance, the court may order that the owner pay the cost of impoundment of the animal during the court proceedings. Any animal determined to be a dangerous dog or a vicious animal shall be implanted with microchip identification and/or tattooed before final release or relocation. Any other animal determined to be a nuisance may be required by the court to be implanted with microchip identification and/or tattooed before final release or relocation, if the court determines that the ability to identify the animal in the future is in the public interest.
C. Licensing Restrictions: In addition to the remedies and penalties provided above, if the court orders that the person charged with maintaining a nuisance be restricted in the person's right to own or maintain an animal, the court may revoke any existing dog or cat license issued to such person and order that no dog or cat license be issued to such person, under the provisions of this title, during the subsequent twelve (12) month period. Upon the issuance of such order, the city shall not issue any new dog or cat license or permit to that person during the subsequent twelve (12) month period.
(Ord. 2013-44, 10-15-2013)