377.03 WILD ANIMALS; NUISANCE.

   (a)   The Director of Public Works, or the Director's designee, is authorized to declare a wild animal, as defined in Section 371.02 of the Codified Ordinances, or a property in which a wild animal is living or nesting, to be a public nuisance and to take action to abate the nuisance, if such animal, by its condition or behavior, or the condition created by the presence of such wild animal on a property, is found by the Director of Public Works or the Director's designee to be a threat to the public health, safety or welfare. The Director or designee may enter a property and take any necessary action, including emergency action, as set forth in Chapter 301 of this Health Code.

   (b)   Whenever the Director of Public Works or the Director's designee shall find that a wild animal, whether it is located on public or private property, or in the public right of way, by reason of its condition or behavior is a threat to the health, safety or welfare of the public, the Director may declare the animal to be a public nuisance and take action to immediately abate the nuisance as set forth in Chapters 107 and 371 of the Codified Ordinances.

   (c)   No person may by feeding wild animals or other activity involving wild animals cause or create a public nuisance on public or private property.

   (d)   No person, being an owner, tenant, agent, occupant, or person in control of any property shall cause or knowingly permit the property or conditions on the property to attract wild animals or to harbor or contain areas used by wild animals for nesting, hiding or living, so as to create a public nuisance that threatens the public health or safety.

   (e)   Whenever the Director of Public Works or their designees shall find that any condition or area on a property is attracting wild animals or by reason of its condition has become a place of harbor for or to contain areas used by wild animals for nesting, hiding or living, so as to create a public nuisance, the Director may declare the property to be a public nuisance and take action to immediately abate the nuisance as set forth in Chapters 371 and 107 of the Codified Ordinances.

   (f)   The City may charge an owner, tenant, agent, occupant, or person in control of any property for the costs to the City of abating any nuisance involving a wild animal on a property as described in this Section. The City may, after notice provided in accordance with Chapter 107 of the Codified Ordinances, charge the owner of a property for the costs of abating a nuisance involving a wild animal on a property by assessing the property as set forth in Chapter 107 of the Codified Ordinances.

   (g)   The Director of Public Works may establish rules and regulations for the implementation and enforcement of this Section, including charges and fees for animal control activities and services provided by the City, either by its own action or through a contractor hired for such purpose.

(Ord. 17-91. Enacted 11-13-17.)