§ 91.29  ANIMALS CREATING NUISANCE PROHIBITED.
   (A)   It shall be unlawful for an owner or keeper to permit an animal or animals to create a nuisance or to maintain a nuisance created by an animal or animals.  Compliance shall be required as follows:
      (1)   When an animal control officer, law enforcement officer or person duly authorized by the Nash County Health Director observes a violation, the owner or keeper will be provided written notification of the violation and be given 48 hours from time of notification to abate the nuisance.
      (2)   Upon receipt of a written detailed and signed complaint being made to the County Health Director by any person or persons that any other person is maintaining a nuisance, as defined in this subchapter, the County Health Director shall cause the owner or keeper of the animal or animals in question to be notified that a complaint has been received, and shall cause the situation complained of to be investigated and a report and findings thereon to be reduced to writing.
      (3)   (a)   If the written findings indicate that the complaint is justified, then the County Health Director or person duly authorized by the County Health Director, shall cause the owner or keeper of the animal or animals in question to be so notified in writing, and ordered to abate the nuisance within 48 hours by whatever means may be necessary.
         (b)   In the event the owner or keeper of the animal or animals is unknown and cannot be ascertained, the notice and order, along with a general description of the animal or animals shall be posted for 48 hours at the animal shelter.
         (c)   If after 48 hours the owner or keeper of the animal or animals remains unknown, the animal may be impounded or humanely destroyed.
   (B)   Every female dog or cat, while in heat, shall be confined in a building or secure enclosure in a manner that she will not be in contact with another dog or cat, nor create a nuisance by attracting other animals; provided, this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of an animal being bred.  It shall be unlawful for a person to fail or refuse to abate the nuisance as required by this subchapter.
(1988 Code, § 91.29)  (Ord. passed 11-4-1986)