(a)
Prohibited conditions.
The following acts and conditions
are hereby declared to be a nuisance and are prohibited within the
city limits:
(1)
Harboring or maintaining more than four (4) dogs or cats over four
(4) months of age in an enclosure unless the enclosure contains at
least one hundred (100) square feet of space for each additional dog
or cat so enclosed. The provisions of this subsection shall not apply
to any person engaged in the business of selling animals for profit
and whose business is not, in whole or in part, located on residential
premises;
(2)
Harboring or maintaining any dog or cat in any enclosure unless the
enclosure is kept clean and sanitary and free of offensive odors;
(3)
Harboring or maintaining any dog in any enclosure unless the excrement
from the dog is cleaned up and disposed of at least once every twenty-four
(24) hours. This excrement shall not be placed into garbage containers,
but must be disposed of in accordance with existing laws regulating
such matter.
(b)
Abatement.
(1)
Whenever any nuisance as defined in subsection (a) of this section shall exist, the chief of police shall notify, in writing, the owner or occupant of the premises where the nuisance exists and shall order the owner or occupant to abate or remove the nuisance described in such notice within such time as specified in the notice.
(2)
Within the period of time given in the order for abatement, the owner
or occupant shall have the right to appear in the office of the chief
of police to show cause why the order should not or cannot be complied
with, and the chief of police may give such extension of time for
the abatement of the nuisance as may be necessary if there is not
an immediate danger to public health.
(1988 Code, sec. 4-66; 1988 Code,
sec. 4-67)
(a)
Except as provided in section 2.01.013 herein, it shall be unlawful for the owner of any dog to permit or allow the dog to run or be at large upon any public street, highway, alley, court, square, park, sidewalk or other public ground or public property within the city.
(b)
It
shall be unlawful for the owner of any dog to permit or allow the
dog to run or be at large upon any unfenced lot, tract or parcel of
land within the city.
(c)
It
shall be unlawful for the owner or any person in control of any dog
of fierce, dangerous or vicious propensities, or any female dog in
heat, to allow the dog to be upon any public street, highway, alley,
court, square, park, sidewalk or other public ground or public property
within the city.
(d)
Any
dog that is found at large more than three times may be declared a
nuisance dog at the discretion of the animal control officer. Nuisance
dogs impounded in the city animal shelter shall be kept until the
nuisance has been abated. If the nuisance is not abated within a reasonable
time, as determined by the animal control officer, then the animal
shall become the property of the city and the animal may be destroyed
or placed for adoption.
(e)
A
first violation of this section shall be punishable by a fine of $250.00,
and all subsequent violations of this section shall be punishable
by a fine of $500.00 per offense.
(Ordinance 2014-19, sec. 2, adopted 10/14/14)
