505.08  NUISANCE CONDITIONS PROHIBITED.
   (a)   No person shall keep or harbor any animal or fowl in the City:
      (1)   So as to create offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
      (2)   Which, by frequent and habitual barking, howling, yelping or any other nuisance, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the City.
      (3)   Which by its very presence and the nature of its temperament creates, or could so create, a menace to the health, comfort or safety of the public.
   (b)   This section shall not be construed so as to limit or restrict the operation of a lawful dog kennel.
   (c)   Whoever violates subsection (a)(3) hereof may be ordered to remove any such animal immediately from the corporate limits to a location where such animals are normally found.
   (d)   Violation of this section shall be a minor misdemeanor on the first offense.  If the offender has a previous conviction under this section or any substantially similar law, statute or ordinance of this municipality, any other municipality in the State of Ohio, or under a state or federal statute, then violation shall be a fourth degree misdemeanor.  If the offender shall have two or more previous convictions then a violation shall be a third degree misdemeanor.  (Ord. 20-08.  Passed 7-10-08.)