Any owner of an animal(s) causing a nuisance as defined below shall be in violation of this chapter and subject to the penalties provided herein. The following shall be deemed a nuisance:
A. Conditions Enumerated: Any animal that:
1. Causes damage to the property of anyone other than its owner;
2. Is a "vicious animal" as defined herein and kept contrary to subsection 5-1-13B of this chapter;
3. Causes unreasonable fouling of the air by odors;
4. Causes unsanitary conditions in enclosures or surroundings;
5. Defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property, unless the owner of such animal removes any such feces to a proper trash receptacle in a timely fashion;
6. Attacks other animals; or
7. Is determined by the division of animal control or the county health department to be offensive or dangerous to the public health, welfare, or safety.
B. Offensive Or Dangerous Animals: Animals which, by virtue of the number maintained, are determined by the division of animal control or the county health department to be offensive or dangerous to the public health, welfare, or safety.
C. Barking Dogs 1 : A dog that barks, bays, cries, whines, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of where the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for thirty (30) minutes or more in any twenty four (24) hour period or intermittent barking for sixty (60) minutes or more during any twenty four (24) hour period.
1. Exceptions:
a. A dog shall not be deemed a nuisance under this section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked by a person or animal; or
b. Agricultural dogs, while actively working shall not be deemed a nuisance under this section.
2. Warnings/Citations: Law enforcement officers or the division of animal control officials have the authority to issue a citation to any owner of a barking dog that the official did not see or hear occur based upon a complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the barking dog. All complainants must clearly identify themselves by stating their name, address, and telephone number. The complainant shall complete a barking log provided by the division of animal control, which describes the offense, the date, time, place and duration of the offense, and if known, the name of the dog's owner, the owner's address and telephone number, and a description of the dog. After receiving a completed barking log, the division of animal control shall determine the validity of the complaint and if the complaint is determined to be valid, shall issue a written warning, if it is a first time offense. The owner of the barking dog shall be granted a ten (10) day correction period to resolve the issue prior to issuance of a citation. (Ord. 832, 11-12-2014)
Notes
| 1 | 1. See also subsection 5-3-9E of this title. |