(A) It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner as to constitute a public nuisance or a nuisance to neighbors. By way of example and not of limitation, the following acts or actions of an owner, harborer or possessor of an animal are hereby declared to be a public nuisance and are, therefore, unlawful:
(1) Having an animal that disturbs the rights of, threatens the safety of or injures a member of the general public or interferes with the ordinary use and enjoyment of his or her property;
(2) Permitting an animal to damage the property of anyone other than its owner, including but not limited to turning over garbage containers or damaging gardens, flowers or vegetables;
(3) Maintaining animals in an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare or safety, or failing to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease;
(4) Maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property;
(5) Allowing or permitting an animal to bark, whine, howl, crow, cackle or cause noise in an excessive, continuous or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises;
(6) Maintaining an animal that is diseased and dangerous to the public health;
(7) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles or vehicles;
(8) Failing to confine a female dog or cat while in season in a building or secure enclosure in such a manner that she cannot come into contact with another dog or cat or creates a nuisance by attracting other animals. However, this division (A)(8) shall not be construed to prohibit the intentional breeding of animals within an enclosed, concealed area on the premises of the owner of an animal which is being bred; or
(9) Failing to remove feces deposited by a dog on any public street, sidewalk, gutter, park or other publicly owned property or private property unless the owner of the property has given permission allowing that use of the property. This division shall not apply to visually impaired persons who have charge, control or use of guide dogs or persons using dogs in conjunction with activities of the Town Police Department.
(B) It shall be the duty of anyone reporting an alleged nuisance under this section to reveal his or her identity to the Bureau or the investigating law enforcement agency. Anonymous reports of alleged nuisances under this section shall not be investigated solely on the basis of the anonymous report.
(C) In addition to any other enforcement remedies available under this chapter, if the Bureau Manager shall declare an animal a nuisance under this section, the Bureau Manager has the authority to order the owner to confine the animal in accordance with § 90.074. It shall be unlawful for the owner to fail to comply with the order or with the instructions in the order.
(1995 Code, § 10-64) (Ord. 2005-02, passed - -2005) Penalty, see § 10.99