§ 90.10 NUISANCES.
   (A)   Habitual barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. Such barking must also be audible off of the owner’s or caretaker’s premises. It shall not be a violation of this section if the dog was barking, crying or making other noise due to harassment or injury to the dog or a trespass upon the premises where the dog is located.
   (B)   Damage to property. It shall be unlawful for any owner to permit the owner’s dog or other animal to damage any lawn, garden, or other property of another. Any animal which damages any lawn, garden, or other property of another may be impounded as provided in this chapter or a complaint may be issued by anyone against the owner of an animal which damages any lawn, garden, or other property of the complainant.
   (C)   Animal waste. It is unlawful for any person who owns or has custody of a dog or cat to cause or permit such animal to defecate on any private property without the consent of the property owner or on any public property, unless such person immediately removes the excrement and places it in a proper receptacle. The provisions of this subdivision shall not apply to service dog or dogs being used for police activity.
   (D)   Animals in heat. Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that such female animal cannot come in contact with other animals.
   (E)   Other. Any animals kept contrary to this chapter are hereby declared a public nuisance and may be abated according to the law.
(Ord. 0303, passed 4-8-03)