(a)
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, interferes
with the ordinary use and enjoyment of another's property, or frightens or harms livestock.
(b)
It shall be unlawful for any person to own, keep, possess or maintain an animal in
such a manner as to constitute a public nuisance. 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 public nuisance and are therefore unlawful:
(1)
Having an animal that 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
one's property.
(2)
Allowing or permitting an animal to damage the property of anyone other than its owner,
including but not limited to, turning over garbage containers; damaging gardens, flowers,
or vegetables; defecating upon the property of another; or frightening or harming
livestock.
(3)
Maintaining animals in an unsanitary environment which results in offensive odors
or is dangerous to the animal or to the public health, safety or welfare, or a failure
to maintain a condition of good order and cleanliness which reduces the probability
of transmission of disease.
(4)
Maintaining the owner's property in a manner that is offensive, annoying or dangerous
to the public health, safety or welfare of the community because of the number, type,
variety, density or location of the animals on the property.
(5)
Allowing or permitting an animal to bark, whine, howl, crow, or cackle in an excessive
or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring
premises.
(6)
Maintaining an animal that is diseased and dangerous to the public health.
(7)
Maintaining an animal that habitually or repeatedly chases, snaps at, or attacks pedestrians,
joggers, animals walked on a leash by owners, bicycles or other vehicles.
(8)
Failing to confine a female dog or cat while in heat in a building or secure enclosure
in such a manner that she will not be in contact with another dog or cat or attract
other animals, provided this section shall not be construed to prohibit the intentional
breeding of animals within an enclosed area on the premises of the owner of the animal
which is being bred.
In addition to any other enforcement remedies available under this chapter, if the
director/supervisor declares an animal to be a nuisance under this section, then the
director/supervisor has the authority to order the owner to confine the animal in
accordance with the instructions of the director/supervisor. It shall be unlawful
for the owner to fail to comply with such an order or with the instructions in the
order.
