Sec. 3-10. - Nuisance abatement.

(a)

The keeping or harboring of any dog, other animal or fowl, whether licensed or not, which by howling, yelping, barking or other noise disturbs or annoys a surrounding neighbor is unlawful and is hereby declared to be a public nuisance; and each day shall constitute a separate offense.

(b)

It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value. The trespassing of any animal on private or public property is hereby declared to be a nuisance. The owner of any such animal convicted of violating this provision may be punished by payment of the following fine:

(1)

1 st offense .....$50.00

(2)

2 nd offense .....$75.00

(3)

Upon the third offense, the owner must pay a $100.00 fine and such animal may be impounded by the animal control officer.

(c)

[Reserved.]

(d)

Whenever it shall be affirmed in writing by one or more persons having separate residences or who are regularly employed in the neighborhood that any animal is a nuisance by reason of trespassing, howling, barking or other noise, damaging property, being vicious or by its actions potentially vicious, or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve verbal or written notice upon the owner or custodian that such nuisance must be abated.

(e)

It shall be unlawful to allow or permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, on private or public property shall be punished by a fine of not less than $50.00 for the first offense; not less than $75.00 for the second offense; and not less than $125.00 for the third and subsequent offense.

(1)

Means of removal. The owner or custodian must carry on their person some means of feces removal when walking a dog off of the owner's property or on common property, whether it be a "pooper-scooper," plastic bag, latex or other type of glove, etc. Failure to carry means of removal will be considered the same as violating section 3-10(e) and penalties will be pursuant to section 3-10(e).

(2)

Enforcement. Any resident who witnesses a violation of the above section on his/her property or on a public sidewalk adjacent to his/her property may file a complaint with city animal control, providing all information necessary for a warning or citation to issue to the violator and promising to be available to testify in court should the complaint result in a citation being issued. The violator may receive a warning upon the first complaint. Upon the filing of a second or subsequent complaint against the same violator, a citation shall be issued, service of which shall be deemed sufficient if mailed to the last known address of the violator. For the purposes of penalties, it shall be deemed a first offense when the first citation was issued.

a.

Failure to appear. Should any witness to a violation in this chapter who makes promise to testify in court for citation to be issued, who does not appear in court for the court date issued, in addition to any other penalties for failure to appear, shall be punished by a fine of $50.00.

(f)

It shall be unlawful to allow or permit any animal upon those areas of public parks designated as sport playing fields.

(Ch. 449, § I, 5-6-08)