§ 6-8. Nuisance animals prohibited;

As used in this section, an animal becomes a nuisance when it:

(a) Causes an unsanitary condition that is injurious to the health, safety and welfare of the public, or;

(b) Damages any lawn, plant or shrub other than the property of the owner, or;

(c) Damages private or public property other than the property of the owner, or;

(d) Emits an offensive odor that is an unreasonable annoyance to the public, or;

(e) Frequently, habitually or regularly emits noise, or;

(f) Has been found by a court of competent jurisdiction to be a public nuisance, or;

(g) Is injurious to the health, safety, and welfare of the public because of the number of animals maintained, or;

(h) Is injurious to the health, safety, and welfare of the public because of the type of animals maintained, or;

(i) Runs at large or strays.

It shall be unlawful for a person to maintain or permit to exist upon the property they own or occupy a nuisance animal.

A code or law enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of this section. The person shall pay within thirty (30) days from the date a citation was issued a civil penalty of fifty dollars ($50.00) to the police department in full satisfaction of the violation. If the person chooses to contest the citation, he or she must contact the clerk of the county court within the thirty (30) days and request a court hearing.

A person who violates this section two (2) times in six (6) months shall be punishable by a term of imprisonment not to exceed sixty (60) days or five hundred dollars ($500.00) or by both such fine and imprisonment.

(Ord. No. 2007-28, § 1, 8-21-07)