A. Nuisance Defined: Any owner or person having charge, care, custody or control of an animal or animals causing a "nuisance", as defined in this section, shall be in violation of this chapter and subject to the penalties provided herein. The following shall be deemed a nuisance: Any animal which:
1. Causes damage to the property of anyone other than its owner.
2. Is an animal previously declared potentially dangerous or dangerous and is found in violation of restrictions placed on that dog by the division of animal control.
3. Causes unreasonable fouling of the air by odors.
4. Causes unsanitary conditions in enclosures or surroundings by inadequate removal of excrement to a proper receptacle.
5. Defecates on any public sidewalk, trail, park or building, or on any private property without the consent of the owner of such private property, unless the person owning, having a proprietary interest in, harboring or having care, custody, control or possession of such animal shall remove immediately any such defecation to a proper trash receptacle.
6. Barks, whines or howls or makes other disturbing noises in an excessive, continuous or untimely fashion.
7. Molests passersby or chases passing vehicles.
8. Attacks other domestic animals.
9. Is an animal which has been impounded for being at large, or its owner or possessor has been convicted for the dog being at large, or being in violation of any combination of ordinances on three (3) separate occasions within a twelve (12) month period.
B. Abatement: When it reasonably appears to the animal control officer that any animal is a nuisance as defined in this section, and that such nuisance should be abated, the officer, or his/her authorized representative shall first attempt to obtain the written consent of the animal owner to abate the animal. If the animal owner's consent cannot be readily obtained, the animal control officer may file a complaint with the court charging the maintenance of a nuisance. The charge shall set forth the facts according to the best of the officer's information and belief, indicating the owner is maintaining a nuisance, and the nuisance should be abated. Until the owner may be summoned to appear before the court, the animal(s) may be taken into impound by the division of animal control and held there pending a decision by the court. If the complaint is denied a hearing will be set pursuant to the normal procedure of the court. If the court finds the complaint of maintaining a nuisance has been proven, the division will seek an order from the court setting out the method of abatement. Abatement by relocation shall not be an option if the animal represents a continuing threat of serious harm, such as in the case of a dangerous dog. If relocation is ordered, the court may set whatever conditions are necessary to guarantee the said animal shall not constitute a nuisance in the future. If the court determines that animal is a nuisance, the owner shall pay the cost of all impoundment fees, or any other fee that may incur as a result of such impoundment. (Ord. 619, 6-17-2003)