[HISTORY: Adopted by the Town Council of
the Town of Ocean View 3-13-2018 by Ord. No. 345.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 152.
[1]
Editor’s Note: This ordinance superseded former Ch. 68, Animals, consisting of Article I, Animals at Large, adopted 1919 by Ord. No. 11; Article II, Dogs, adopted 1919 by Ord. No. 12; Article III, Stallion Horses, adopted 1919 by Ord. No. 16; and Article IV, Domesticated Animals, adopted 12-4-1980 by Ord. No. 64, as amended.
A.
Any person or persons, keeping or harboring any dog, which, being
confined in any house, building or place, creates frequent or long-continued
noise that disturbs any person in the vicinity, shall forfeit and
pay a fine of $75 for the first offense and $100 for each additional
offense, to be recovered as hereinbefore provided.
B.
Canines under the supervision and/or ownership of the Town of Ocean
View are exempt from this section.
No person shall permit any dog to run at large within the limits
of the Town of Ocean View, and any person violating this article shall
forfeit and pay a fine of $75 for each offense, to be recovered as
hereinbefore provided.
It shall be lawful for any officer of the Town to kill any dog
not having a collar or other mark to identify its owner which may
be running at large and not accompanied by its owner or master.
As used in this article, the following terms shall have the
meanings indicated:
Such animals as are habituated to live in or about the habitations
of persons, or such as contribute to the support of a family. This
term includes, but is not necessarily limited to, dogs, cats, horses,
or other animals maintained as household pets.
A dog or cat or groups of dog or cats, whether domesticated
or feral, shall be considered a nuisance if any of the following occurs:
[Added 9-8-2020 by Ord. No. 373]
The presence of a domesticated animal at any place except
upon the premises owned or rented by its owner.
[Amended 9-8-2020 by Ord. No. 373]
A.
It shall
be unlawful for any person owning or possessing any domesticated animal
to permit the same to run at large or to permit any dog or cat to
create: a nuisance as defined by this article.
B.
It shall
be unlawful for any person to feed, shelter, or otherwise harbor any
nondomesticated animal, including abandoned or feral dogs or cats.
Any domesticated animal shall not be considered to be running
at large if it is on a leash and under the control of a person physically
able to control it.
No domesticated animal shall be allowed in any park open to
the public in the Town; provided, however, that the Town Council may
designate portions of John West Park as a domesticated animal walk
area, subject to the other provisions of this article and such other
reasonable regulations that it may determine are appropriate.
[Amended 5-11-2021 by Ord. No. 376]
A.
It shall
be unlawful for any person to knowingly permit a dog, cat or other
domestic animal owned or subject to the control of such person to
defecate upon any street, sidewalk or park, or upon any public property,
or upon any private property within the Town of Ocean View without
the consent of the owner or tenant of such private property. In the
event that any dog, cat or other domestic animal deposits its excrement
upon any public or private land within the Town of Ocean View, such
owner of said dog, cat, or other domestic animal shall remove immediately,
in a sanitary manner in an airtight bag or other closed or sealed
container, any fecal matter deposited by said dog, cat or other domestic
animal.
[Amended 9-8-2020 by Ord. No. 373; 5-11-2021 by Ord. No. 376]
Any person who shall violate the terms of this article shall
be fined not less than $25 for the first conviction, by a fine of
not less than $50 for the second such conviction within one year of
the first conviction and by a fine of not less than $100 for each
subsequent conviction within one year of the first conviction.
