(a) Animal waste. It shall be unlawful for the owner of an animal to allow the animal to defecate or deposit any excretory matter (waste) in any public park, public playground, greenway, ball field or on any public street, sidewalk, public parking area (including islands and landscaped areas) or other public area unless such owner immediately removes the animal waste (feces or solid excretory matter) using a plastic bag or other suitable container and deposits the same in a receptacle suitable for such purpose.
(b) Other prohibitions. The keeping or maintain ing of animals on any property located within the corporate limits of the town in such a manner or under such circumstances that the animal or its pen or enclosure, or both, is a nuisance or becomes a menace to the public health and safety is prohibited. In determining what acts or what conditions may constitute a nuisance, the standard of "a reasonable man or woman under the same or similar circumstances" shall be used. Without limiting the acts and conditions that may be or become a nuisance, the following particular acts, failure to act, neglect or circumstances shall be construed as being in violation of this section and therefore prohibited:
(1) Any animal that is repeatedly found running at large;
(2) Any animal found to be in any section of a public park, ball field or recreational facility where the presence of animals is prohibited either by ordinance or by posted rules and regulations (signs) or within any town sponsored public festival or event when the presence of animals is prohibited by ordinance or by posted rules or regulations;
(3) Any animal in any section of a public park, ball field or public recreation area unless the animal is controlled by a leash or other physical restraint by a person who is physically capable of restraining such animal;
(4) Any vicious or dangerous animal in any public park, ball field, recreation area or other public area;
(5) Any animal that damages, soils, defiles or defecates on any property other than that of its owner or other person having its care or custody;
(6) Any animal that makes loud or disturbing noises, including, but not limited to, continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance and discomfort to neighbors or to others in close proximity to the premises where the animal is kept or harbored;
(7) Any animal that causes fouling of the air by noxious or offensive odors causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(8) Any animal that is in heat and is not confined so as to prevent attraction to or contact with other animals;
(9) Any animal, whether or not the animal is on the property of the owner, that without provocation attacks, snaps at, bites or attempts to bite another person; however, for purposes of applying this section, a child under seven (7) years of age cannot be guilty of provocation;
(10) Any animal that repeatedly chases, snaps at, attacks or barks at pedestrians, bicyclists or vehicles of any kind on any public street, sidewalk or other public area;
(11) Any animal that bites or attacks other domestic animals;
(12) The keeping of any animal in a manner that causes unsanitary conditions in the pen or enclosure or other surroundings where the animal is kept or harbored;
(13) Any situation that is offensive or dangerous to the public health, safety and welfare or that interferes with the right of nearby property owners to the use and enjoyment of their property because the number of animals maintained at a single residence or place greater than the single residence or place is capable of maintain ing, or because the facilities at the single residence or place is inadequate for the number of animals maintained at such location;
(14) Any pen, lot, dog run or enclosure where animals are kept or harbored that emits foul odors because of animal waste or other similar conditions;
(15) Any diseased, injured or suffering animal that is not being properly treated by a veterinarian or other qualified person for such disease or injury;
(16) The keeping of any wild or exotic animal except as specifically permitted and in strict compliance with the terms and conditions of this chapter; or
(17) Any animal that repeatedly turns over trash cans on either public or private property. (Ord. of 6/4/18)