For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DEFECATION. It shall be unlawful for any owner, keeper, rider or walker of any animal to permit said animal to discharge such animal's solid excreta upon any public or private property, other than the property of the owner, within the city, providing that immediately thereafter, the owner does not remove the animal's excreta from the public or private property. All property owners shall be responsible for keeping the owner's property in a clean and sanitary condition such that the property does not become a nuisance due to an accumulation of animal waste.
PUBLIC NUISANCE. Any unleashed animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall mean and include:
(1) It shall be unlawful for any owner to fail to exercise proper care and control of his or her animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, or trespassing upon private property shall be deemed a nuisance;
(2) It shall be unlawful for any owner, keeper, rider or walker of any animal to permit the animal to discharge the animal's solid excreta upon any public or private property, other than the property of the owner, within the city, providing that immediately thereafter, the owner does not remove the animal's excreta from the public or private property;
(3) It shall be unlawful for any person to harbor or keep on his or her premises, or in or about his or her premises under his or her control, any animal of any species which, by loud and unnecessary noises or unusual barking, howling or yelping shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed at any time of the day or night;
(4) Damages the property of anyone other than its owner, trespasses on private and commercial property;
(5) Molests or intimidates pedestrians or passers-by;
(6) Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(8) Is offensive or dangerous to the public health, safety or welfare by virtue of the number and or type of animals maintained; and
(9) Attacks other domestic animals.
(Ord. 1221, passed 1-3-2002; Ord. 1340, passed 9-4-2008) Penalty, see § 92.99