(A) It shall be unlawful for any owner to keep or have within a densely populated area an animal which habitually or repeatedly makes noises in such a manner or to such extent that it is a public nuisance. If such an animal is reported as creating a public nuisance and an animal control officer determines, after investigation, that the reports are supported by the evidence, the owner must remove such animal to a more suitable location.
(B) It shall be unlawful for any owner to permit his animal to run-at-large, if such animal is reported as creating a public nuisance and an animal control officer determines, after investigation, that the reports are supported by the evidence. In such cases, and only in such cases, the owner must keep the animal that has been found to be creating a public nuisance on his own property at all times, unless the animal is under restraint.
(C) Cats and dogs; public nuisance; definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CAT. Any and all domestic felines.
(2) CAT NUISANCE. The commission on more than one occasion of any of the following qualifying acts or conditions shall be deemed prima facie evidence of a public nuisance:
(a) Getting into or turning over garbage pails, cans or containers;
(b) Walking or sleeping on automobiles of another;
(c) Damaging gardens or other foliage or other real or personal property;
(d) Being located on the property of another while not under control of the owner; or
(e) In estrus and not confined to a building or secure enclosure.
(3) DOG. Any and all domestic canines.
(4) DOG NUISANCE. The commission on more than one occasion of any of the following qualifying acts or conditions shall be deemed prima facie evidence of a public nuisance:
(a) Being “at large” off the premises of its owner and not under restraint or control of a person;
(b) Chasing, snapping or attacking or otherwise molesting pedestrians, bicyclists or motor vehicles/passengers or farm stock or other domestic animals;
(c) Getting into or turning over garbage pails, cans or containers;
(d) Damaging gardens or other foliage or other real or personal property; or
(e) Being housed, tethered or tied less than 15 feet from a public street, road or sidewalk such that the dog can actually access the street, road or sidewalk and posing a threat to the general safety, health and welfare of the general public.
(5) IN ESTRUS. A female cat or dog in what is commonly called “in heat”.
(6) OWNER. Any person, group of persons, firm, partnership or corporation owning, keeping having charge or taking care of any cat or dog or allowing any cat or dog to remain on its property for more than 72 hours after the day of observation.
(D) Cat nuisance violation. It shall be a violation of this section for an owner to allow their cat(s) to engage in any of the acts listed in division (C)(2) above on more than one occasion. The owner shall be subject to the sanctions, penalties, fines and remedies stated in § 90.99.
(E) Dog nuisance violation. It shall be a violation of this section for an owner to allow their dog(s) to engage in any of the acts listed in division (C)(4) above on more than one occasion. The owner shall be subject to the sanctions, penalties, fines and remedies stated in § 90.99.
(Ord. passed 7-1-84; Am. Ord. passed - -) Penalty, see § 90.99