(A) It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner so as to constitute a nuisance.
(B) The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public; or interferes with the ordinary use and enjoyment of private or public property. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a nuisance, and are therefore unlawful:
(1) Maintaining an animal that habitually or repeatedly disturbs, interferes with or annoys human beings;
(2) Maintaining an animal that tips over garbage pails or damages gardens, flowers or vegetables;
(3) Failing to confine in a building, or secure enclosure, a female dog while in estrus;
(4) Allowing or permitting an animal to bark, whine, howl or yowl in an excessive, continuous or untimely fashion, or to make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises;
(5) Maintaining an animal that chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers or farm stock or domestic animals;
(6) Maintaining an animal that habitually or continuously loiters on public places or on the property of another;
(7) It shall be unlawful for the owner of any dog to leave its feces on public streets, sidewalks, town parks, other town property or the property of another without the permission of the owner of the property; and
(8) Maintaining an animal that is diseased or dangerous to the health of the public unless under the care of a licensed veterinarian.
(C) Upon receipt by a police officer or animal control officer of a second, substantiated complaint that any person is maintaining a nuisance animal as defined in divisions (B)(1) through (B)(8) above, the officer shall investigate and if the officer’s written findings indicate that the animal complained of is a nuisance animal, the owner shall be cited as violating this chapter and will be penalized according to § 90.40.
(D) The owner of a nuisance animal may appeal the order of abatement and the matter shall be heard by the Board of Commissioners.
(Ord. passed 6-27-2006) Penalty, see 90.99