Nuisance and Abatement Procedures

5-1-107 - Nuisance Animals And Abatement Procedures

A.   It is unlawful for any person to own, maintain, or harbor an animal in such a manner to cause a public nuisance. A public nuisance includes but is not limited to:
1.   Any person having an animal which disturbs the rights of or threatens the safety of a member of the general public, or interferes with the ordinary use and enjoyment of their property; or
2.   Any person who, due to the conditions of providing for or harboring an animal, creates a situation that allows an animal to damage the property of anyone; or
3.   Any person who maintains an animal in an environment of unsanitary conditions or jeopardizes the health of the animal which constitutes or becomes a health hazard as determined by the animal welfare division; or
4.   Any person who allows or permits an animal to bark, whine, howl, crow or cackle in an excessive, frequent or untimely fashion that interferes with the reasonable use and enjoyment of neighboring premises or disturbs any reasonable person in the vicinity; or
5.   Any person who fails to immediately remove feces deposited by an animal owned or controlled by such person on any public street, sidewalk, gutter, park or other publicly owned property or the private property of another; or
6.   Any person who allows animal feces to accumulate on his or her own private property or residence to such an extent that it creates a foul or offensive odor for neighboring properties.
B.   Feces shall be collected in a closed, fly tight container preventing odors from escaping, and shall be removed from the premises along with residential household trash.
C.   Any violation of this section is declared to be a nuisance and as such may be abated as provided in this code.
D.   Any person with knowledge of a nuisance prohibited by this section or a violation of this chapter may file a complaint in the municipal court. If the court finds that an animal is a nuisance or in violation of this chapter, then the court may order the owner or keeper to prevent and abate the nuisance, or order the animal impounded with the owner or keeper to pay impoundment costs, and/or order punishment as provided in Section 1-1-119 of this code. Animals impounded pursuant to this section may not be redeemed unless the circumstances leading to impoundment have been corrected and the redemption requirements set forth in Section 5-1-118 have been complied with.
(97-33, Amended, 07/22/1997)
(Ord. 2007-06, Amended, 03/15/2007)
(Ord. No. 13-26, § 3, 8-13-2013)

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Nuisance and Abatement Procedures

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