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A. It is unlawful for any person in control of an animal to cause or permit such animal to be on any property, public or private, not owned or possessed by such person, or to fail to immediately remove feces left by the animal. When accompanying the animal outside his or her property, the owner shall have on his or her person suitable means for the removal of such feces, which then must be placed in a double bag or flyproof container and then in an approved refuse container for sanitary removal.
B. The accumulation of animal feces on any private property is hereby declared a nuisance. Every person who is the owner or occupant of private property or the agent in charge of such property is charged with the duty of keeping such property free of any accumulation of feces.
1. "Accumulation" for purposes of this section shall mean: Any quantity that constitutes a hazard to the health, safety, or convenience of persons other than the owner of the animal; or any quantity that interferes with the use or enjoyment of any neighboring property as the result of odors, visual blight, or attraction of insects or pests.
2. Each owner, occupant, or agent having charge of such property, described in this subsection B, who is notified in accordance with the provisions set forth herein by the animal control officer to remove such feces shall be charged with the duty of removing such feces and satisfactorily disposing of the same within forty eight (48) hours of the effective date/hour of the notice to do so.
3. Notice of violation shall set forth in writing the date of inspection, the address of the property found in violation and the fact that an accumulation of feces was observed. Notice may be served either personally by leaving a copy with an occupant of the premises, or by posting notice in a conspicuous place upon the property.
4. If the premises where an accumulation of feces is found contains only a single-family dwelling, then notice shall be directed to the occupant of such premises whether such occupant be the owner or lessee. If the premises where the accumulation of feces is found contains more than one dwelling unit, then notice shall be directed to the record owner of such premises or the agent in charge of the premises.
C. Any owner, occupant or agent in charge of such property who violates this section is guilty of a misdemeanor punishable by a minimum fine of twenty five dollars ($25.00) and a maximum fine of five hundred dollars ($500.00) and shall be ordered to remove the excrement within a reasonable time and may also be subject to other penalties. (Ord. 788, 5-19-2008)