(A) An animal shall be deemed to be a public nuisance when it commits the following acts two or more times or commits any combination of two or more offenses.
(1) Chases, snaps at or attacks pedestrians, bicyclists, vehicles, or domestic animals;
(2) Turns over garbage containers,
(3) Damages gardens, flowers, vegetables or other property; or
(4) Otherwise a menace or threat to public health or safety.
(B) It shall be unlawful for an owner or keeper to permit his or her animal to run at-large if such animal is deemed to be a public nuisance, provided a law enforcement officer has determined, after investigation, that the report is supported by evidence and has notified the owner or keeper in writing of his or her findings. In such cases, the owner or keeper must keep the animal that has been found to be a public nuisance on his or her property at all times, unless the animal is under physical restraint.
(C) It shall be a violation of this chapter for an owner or possessor to keep, maintain or permit the keeping or maintenance of a public nuisance animal within the city’s corporate limits whereby such animal barks or howls excessively causing a public nuisance or disturbance. An animal is considered a public nuisance animal when disturbing another person or neighbor by barking or howling excessively for more than 20 minutes during any 35-minute period shall be deemed to be an annoying sound.
(D) In order for a valid noise complaint against the owner of an animal to constitute a public nuisance in violation of this provision, such complaint must be based on either two or more complaining witnesses from separate households filing such complaint or if there is a single noise complaint, then a City Animal Control Officer and/or law enforcement officer, investigating the noise complaint, must confirm that the noise is indeed a public nuisance in violation of this provision.
(E) If the animal is creating a public nuisance for noise in violation of this provision, then the owner of the animal committing the nuisance shall be given a written warning to abate the nuisance upon the first offense or if the owner cannot be found or contacted, the premises where the animal is located shall be posted with such warning. In either case, the owner shall abate the public nuisance within 72 hours of the warning or be subject to subsequent penalties as provided in this section. Whether the animal is the same animal or a different animal or various animals belonging to the same owner, any subsequent complaints shall constitute additional violations and the owner shall face additional penalties in accordance with this section.
(F) Any public nuisance caused by provocation or incitement of the subject animal, by someone other than the owner of the animal shall not constitute a violation of this provision.
(G) Any person filing a complaint or report of an alleged public nuisance or violation shall identify themselves and their address. Anonymous complaints or reports of a public nuisance animal shall be investigated.
(H) If a nuisance animal has been confirmed through an investigation the following actions may occur in a 12-month period beginning with the date of the first offense. Subsequent complaints for different animals but belonging to the same property owner will be treated as one incident/complaint upon investigation by the City Animal Control Officer, the offense follows the owner/keeper of the animal, not necessarily the animal causing the disturbance. The following penalties nuisance animals are:
(1) First offense: written warning;
(2) Second offense: civil penalty of $100;
(3) Third offense: civil penalty of $150 and the Animal Control Officer may seize and impound the animal at the Columbus County Animal Shelter until the owner determines a resolution to abate the noise nuisance. Any costs associated with this action shall be the responsibility of the owner; and
(4) Subsequent violations: civil penalty of $250 for each violation as well as a criminal citation. If found guilty, it is a Class 3 misdemeanor.
(Ord. 2018-O-60, passed 4-24-2018) Penalty, see § 80.99