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DIVISION 1. GENERALLY
For the purposes of this article, the following words shall have the following meanings:
(A) ANIMAL - Any dog, cat, poultry, bird, reptile, fish or any other mammal except a human being.
(B) ANIMAL POUND - Any dog pound, animal shelter, temporary pound or pound vehicle owned or operated by the county or the city.
(C) COUNTY HEALTH OFFICER - The county health officer and officers, employees and agents thereof.
(D) DOG KENNEL - Any place or premises wherein at least five or more dogs over the age of six months are kept for the purpose of breeding, training, boarding or holding for sale.
(E) HEARING OFFICER - A regular, full-time employee of the city designated by the city manager to act as the finder of fact and decision maker in any hearing required by this chapter.
(F) HOUSEHOLD PET - Cats, dogs, canaries, parrots and other animals and birds usually and ordinarily maintained in or around a residence for the enjoyment of the owner.
(G) KENNEL - Any premises whereon five or more dogs or cats over the age of four months are maintained for the purpose of boarding, grooming, breeding, training or sale.
(H) OWNER or KEEPER - Any person who possesses, harbors, or has control or custody of an animal.
(I) PET SHOP - Any place of business where dogs under four months of age, or cats, birds, reptiles, fish or any other animals to be used as household pets are maintained for sale.
(J) POULTRY - Pigeons, chickens, ducks, geese, turkeys and any other fowl.
(K) POUND - Any temporary or permanent animal shelter or pound vehicle owned or operated by the city.
(L) POUNDMASTER - Any person authorized by the city manager to perform the duties and functions of animal control.
(M) PROVOKING - The deliberate incitement of an animal by teasing, tormenting, abusing, or assaulting.
(N) RUNS AT LARGE - The act of an animal, being upon private property without the permission of the owner or occupant of the property or being upon public property and not upon a leash, except as exempted by § 5-43.
(O) TAX COLLECTOR - The county tax collector and the officers, employees and agents thereof.
(`64 Code, Sec. 5-1) (Ord. No. 1571, 2239, 2388, 2639)
(A) The city council hereby declares that each of the following acts constitutes a public nuisance in the city:
(1) Maintaining any animal in a foul, offensive, obnoxious, filthy or unsanitary condition;
(2) The infliction of physical injury upon any person by any animal unless the person who, at the time the injury was sustained, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;
(3) The unprovoked infliction of physical injury by an animal upon another animal that occurs off the property of the owner or keeper of the animal inflicting the injury;
(4) Threatening behavior by an animal toward any person that occurs in such circumstances as to cause such person reasonably to fear for the person's physical safety unless the person who, at the time of the animal's threatening behavior, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;
(5) Any animal that runs at large;
(6) Any animal that damages real or personal property of any person other than the owner or keeper and which occurs off the property of the owner or keeper;
(7) The utterance of barks, cries, whines, or other sounds of any animal that are so loud, so frequent and continued over so long a period of time as to deprive persons residing in two or more residences of the comfortable enjoyment of their residences;
(8) Maintaining any rooster more than four months old within a residential zone; or
(9) Maintaining any animal in violation of an order issued by a hearing officer pursuant to this division.
(B) The provisions of this section shall not apply to any animal owned by a public entity and used for military or law enforcement purposes.
(`64 Code, Sec. 5-2) (Ord. No. 1571, 2239, 2251, 2388, 2639, 3031)
Any person aggrieved by a public nuisance as set forth in section 5-2 may swear out a written complaint with the city clerk. Such complaint shall state the date, time, and place where such nuisance exists or occurred, shall describe the animal, the conduct creating the nuisance, and, if known to the complainant, shall give the name and address of the owner or keeper of the animal. The complaint shall be verified by the complainant and list the address to which the complainant wishes all correspondence to be delivered along with a telephone number at which the complainant may be reached if the address is not within the city.
(`64 Code, Sec. 5-2.1) (Ord. No. 2239, 2375, 2388, 2639)
Upon receipt of a complaint that alleges a public nuisance, or as soon thereafter as the hearing officer may determine the name and address of the owner or keeper of the animal, the hearing officer shall cause a notice of a public nuisance hearing to be served upon the owner or keeper of the animal and upon the complainant. The notice shall be in writing and may be served either by personal delivery or by depositing a copy in the United States mail addressed to the person to be served, postage prepaid, return receipt requested. The notice shall:
(A) Include a copy of the complaint;
(B) State that a public nuisance hearing will be held to determine whether the animal described in the complaint is a public nuisance and, if the animal is found to be a public nuisance, how the public nuisance may be abated in accordance with this division;
(C) State the location, time and date of the public nuisance hearing, which shall be not more than 30 calendar days after the date of the notice; and
(D) Include a copy of this division.
(`64 Code, Sec. 5-2.2) (Ord. No. 2239, 2375, 2388, 2639)
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