A. No person shall own, keep or harbor any animal that is a nuisance.
B. Notwithstanding Section 10-62:
1. If an animal is found by the Municipal Court Judge, upon notice and hearing, to be uncontrollable by its owner to the extent that such animal poses a threat to the health, safety, and welfare of the public then such animal shall be ordered removed from the City limits or destroyed, at the owner's option, within ten (10) days of the order.
2. Such a finding by the Municipal Court Judge shall be based upon, but not limited to, evidence of three (3) convictions, pleas of guilty or nolo contendere of violations of Sections 10-62, 10-256 or 10-257 against or by the current owners within a twelve (12) month period concerning the same animal, or two (2) convictions, pleas of guilty or nolo contendere of violations of Sections 10-62, 10-256 or 10-257 against or by the current owners within a twelve (12) month time period concerning the same animal.
3. Noncompliance with an order entered pursuant to subsection (B)(2) shall be a violation punishable upon conviction by a fine as provided in Section 1-12. In addition thereto, such person may be enjoined from continuing such violations.
(Ord. No. 03-07, § 5, 10-6-2003)