§ 14-39. Public Nuisance Animals.

(a)

The term "Public Nuisance Animal" shall mean and includes, but is not limited to, any Animal that:

(1)

Is repeatedly found At Large;

(2)

Damages the property of anyone other than its Owner;

(3)

Chases vehicles on the public right-of-way;

(4)

Makes excessive disturbing noises, including but not limited to continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to the neighbors or to others in close proximity to the premises where the Animal is kept or harbored.

(5)

Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of Animals kept or harbored; or

(6)

Attacks other Animals.

Notwithstanding the foregoing, Public Nuisance Animal does not include any Animal certified as a Vicious Animal pursuant to this Article.

(b)

It is a violation of this article for any Owner to allow an Animal to create a public nuisance. The Owner of any Public Nuisance Animal shall be in violation of this article, regardless of the knowledge, intent or culpability of the Owner.

(1)

Upon investigation by an Animal Services Officer in identifying a Public Nuisances Animal the officer may demand to see all Animals upon the violator's property for the purposes of investigating a public nuisance related to any other Animals on the subject property.

(a)

No companion Animal shall be allowed to unreasonably annoy humans, to endanger the life or health of other Animals or persons acting lawfully, or to substantially interfere with the rights of others thereby interfering with the reasonable use and enjoyment of property. It shall be prima facie evidence of nuisance if a companion Animal:

(1)

Causes unsanitary, dangerous or offensive conditions, including the fouling of the air by offensive odor emanating from excessive excrement; or

(2)

Creates a pest, parasite, or scavenger control problem, which is not effectively treated.

(c)

Upon receipt of an "Affidavit of Complaint," signed by 2 or more unrelated County residents, each residing in separate dwellings in the vicinity in which the alleged violation occurred, made under oath or affirmation before an individual authorized by law to take acknowledgements, setting forth the nature and the date of the act or acts, the Owner of the companion Animal, the address of the owner and the description of the companion Animal doing such act or acts, an Animal Services Officer shall conduct an investigation of the incident. In the discretion of the Department, other reliable evidence may replace one of the required affidavits.

(Ord. No. 95-042, § 9, 5-9-1994; Ord. No. 97-044, § 1(9), 6-17-1997; Ord. No. 2004-111, § 4, 11-10-2004; Ord. No. 2010-053, § 2, 9-15-2010)