[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Editor’s Note: This ordinance superseded former Ch. 68, Animals, consisting of Article I, Animals at Large, adopted 1919 by Ord.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:
DOMESTICATED ANIMAL
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.
NUISANCE
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]
A. 
Chases, bites or snaps at, or impedes a pedestrian, bicyclist, or vehicle.
B. 
Damages, soils, or defiles private or public property, other than his owner's, on more than one occasion or habitually.
C. 
Habitually interferes with, molests, or attacks persons or other animals.
RUNNING AT LARGE
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.
B. 
The provisions of § 68-8 shall not apply to any person who by reason of loss or impairment of eyesight is accompanied by a dog described as a "Seeing Eye dog" or other dog educated by a recognized training agency or school and which is used as a leader or guide dog.
[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.