(A) The actions of an animal constitute a public nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of another person’s property.
(B) (1) 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. By way of example, and not limited to, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance and are therefore unlawful:
(a) The keeping or maintenance outside a proper enclosure of any dog or dogs having dangerous propensities;
(b) Having an animal that disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with ordinary use and enjoyment of another person’s property;
(c) Allowing or permitting an animal to damage the property of anyone other than its owner/possessor, including, but not limited to, turning over garbage containers, damaging gardens, flowers or vegetables or defecating upon the property of another;
(d) Maintaining the animals in an unsanitary environment, which results in offensive odors or is dangerous to the animal or the public health, safety or welfare, or a failure to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease;
(e) Maintaining the owner’s property in a manner 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;
(f) Allowing or permitting an animal to habitually bark, whine, howl, crow, cackle or any other noise that might interfere with the reasonable use and enjoyment of neighboring premises between the hours of 10:00 p.m. and 6:00 a.m.;
(g) Maintaining an animal that is diseased and dangerous to the public health;
(h) Maintaining an animal that habitually or repeatedly chases, snaps at or attacks pedestrians, joggers, animals walked on a leash by owners, bicycles or other vehicles; and/or
(i) Failing to confine a female dog or cat while in heat in a building or secure enclosure in such a manner that she will not be in contact with another dog or cat or attract other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area.
(2) Upon receiving a complaint for a nuisance described by the complainant, the Animal Control Officer shall endeavor to investigate the complaint within 24 hours. If through investigation these complaints are substantiated, he or she shall request that the nuisance be corrected within a 24-hour period of notifying the owner/keeper. The Animal Control Officer will make a return visit to determine whether the initial cause for complaint has been corrected and may then institute proper legal procedures if the nuisance has not been abated.
(3) Commercial farms are exempt from this section.
(C) In addition to any other enforcement remedies available under this chapter, if the Animal Control Officer declares an animal to be a nuisance under this section, then the Animal Control Officer has the authority to order the owner to confine the animal in accordance with the Animal Control Officer’s instruction. It shall be unlawful for the owner to fail to comply with such an order or with the instructions in the order.
(1987 Code, § 8-2-09) (Ord. passed 2-8-2005) Penalty, see § 94.99