(a) Any animal which defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(b) No person being the owner or in charge of any animal shall permit such animal to commit, create or become a nuisance as described in subsection (a) hereof. Where a person being the owner or in charge or control of such animal immediately, and before taking such animal from the area where the defecation occurred, cleans the area and removes the feces deposited by such animal and disposes of the feces in a sanitary manner in a proper receptacle, the nuisance shall be considered abated, and such person shall not be deemed to have violated the provisions of this subsection as it pertains to defecation.
(c) The accumulation of defecation upon any property where animals are kept creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(d) No person being the owner or person in charge or control of any animal shall permit the accumulation of feces upon the property where the animal is kept. The owner or person in charge or control of the animal shall maintain the property where the animal is kept in a clean and sanitary condition by the regular removal of the feces in a proper sealed sanitary receptacle.
(e) There is hereby created a presumption whereby any animal which commits, creates or becomes a nuisance as described in subsection (a) hereof, or commits or creates a nuisance as described in subsection (c) hereof, is presumed to have done so with the permission of the owner or person in charge or control of such animal.
(f) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1989-268. Passed 3-15-90.)