A.
The
keeping or maintaining possession on any lot in the city, of an animal
shall be deemed a public nuisance if the animal has committed any
one or more of the following acts:
1.
Barks,
cries or makes other noises which are so loud and/or so frequent and/or
continued over so long a period of time as to disturb the peace and
quiet of nearby property or which would cause annoyance or discomfort
to a reasonable person of normal sensitivity in the area;
2.
Inflicts
unprovoked damage to real or personal property of a person other than
the owner which damage occurs off the property of the owner;
3.
Molests
or chases pedestrians, vehicles, bicycles or ridden horses while off
the property of its owner;
4.
Attacks
or threatens other animals;
5.
Is
repeatedly “at large” or unrestrained; and
6.
By
its bodily waste odor or other unsanitary condition causes annoyance
or discomfort to a reasonable person of normal sensitivity in the
area.
B.
Such a public nuisance may be abated in accordance with the procedures set forth in this chapter and Title 14 of this code. These procedures are in addition to any other remedies that may be available under the law. The procedures set forth in Section 6.05.050 shall not apply to public nuisance hearings.
(Ord. 1052 § 2, 2013)
A.
The
code compliance manager or designee shall have the power to temporarily
impound the subject animal pending the outcome of an administrative
hearing conducted pursuant to Title 14, if:
1.
After
making a good faith effort, he or she is unable to contact the animal’s
owner and determines, at the time of inspection, that the offending
noise, condition or behavior of the animal cannot be immediately abated
and the peace and comfort of the neighborhood restored;
2.
He
or she determines, at the time of inspection, that the offending noise,
condition or behavior of the animal cannot be immediately abated and
the peace and comfort of the neighborhood restored; and
3.
He
or she determines that the public nuisance has not been abated within
the time specified in the notice of public nuisance.
B.
The
owner of the animal shall be responsible for all costs of impounding
the animal, including, but not limited to, daily impoundment fees
and any costs incurred in providing care and maintenance of the animal.
C.
In lieu
of impounding an animal, the animal services officer may permit the
animal to be confined by the owner at the owner’s expense in
a veterinary facility, or in the case of a dog, in a dog kennel approved
by the code compliance manager.
(Ord. 1052 § 2, 2013)
The owner of any animal determined to be a public nuisance shall
reimburse the city for all costs incurred in verifying compliance
and enforcing the provisions of this chapter.
(Ord. 1052 § 2, 2013)
A.
Any
hearing officer appointed pursuant to Title 14, or the code compliance
manager in the event a notice of public nuisance is not appealed within
the applicable time frame, may order the owner of any animal declared
to be a public nuisance to remove the animal from the city by a date
certain if the owner:
B.
If the
owner fails to remove the animal from the city by such date, animal
services may impound the animal and not permit the reclaiming or redemption
of the animal by the owner unless adequate arrangements acceptable
to the code compliance manager have been made by the owner to ensure
abatement of the public nuisance. Such arrangements shall be agreed
to in writing between the owner and the code compliance manager prior
to and as a condition of release of the animal to its owner. If such
agreement is not made and executed within thirty days from the date
of impoundment, then the animal may be considered abandoned and may
be handled in the same manner as any other unclaimed stray animal.
C.
If the written agreement referred to in subsection B of this section is made and is subsequently breached by the owner, the code compliance manager may immediately impound the animal and not permit the reclaiming or redemption of the animal by the owner unless the owner can make adequate, written assurances acceptable to the code compliance manager that the owner shall commit no further violation of the agreement. If such further assurances are not made and executed within thirty days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
D.
Any person failing to comply with the hearing officer’s order to abate a public nuisance, or with a notice of public nuisance which is not appealed within the applicable time frame, shall be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the order applies (including the animal initially causing the nuisance) for a period of three years from the date of such noncompliance; provided, however, that any person prohibited from keeping or harboring an animal pursuant to this section shall be entitled to appeal to a hearing officer pursuant to the provisions of Title 14. The scope of any such appeal hearing shall be limited to a determination regarding whether a failure to comply with the order has occurred.
(Ord. 1052 § 2, 2013)
