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ORDINANCE No. 2023 — 04 (As Amended) Page 6 (a) No person who is the owner of an animal shall permit such animal to damage, destroy or deface any publicly owned property or the premises of another, or permit such animal to urinate or defecate thereon. (b) No person shall throw or deposit or permit to be thrown or deposited any animal defecation in any street, lane, alley, tree lawn or sidewalk or other public ground or place within the Municipality. (c) No person shall cause or knowingly permit a nuisance by keeping or harboring any animal in the Municipality so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance. (d) No person, being an owner, tenant, agent, occupant, or person in control of any property, shall cause or knowingly permit a nuisance by providing food for feeding any stray dog, cat or other wildlife, including but not limited to skunks, deer or coyotes. (e) Whoever violates any provision of this section shall be guilty of a minor misdemeanor 505.08 FAILURE TO CONTROL. (a) No owner or person in charge or control of a dog, or owner or person in charge of a premises on which a dog is located, shall fail to control a dog within the Municipality. (b) For the purposes of this section, each of the following constitutes an instance of failure to control: (1) A dog which unreasonably and without provocation causes any unreasonable annoyance, alarm or a noise disturbance to any person or neighborhood by barking, whining, screeching, howling, or other like sounds which may be heard beyond the boundary of the owner's property; (2) A dog which scratches or digs in, or defecates upon, any lawn, tree, shrub, plant, or any other public or private property, other than the property of the dog's owner or the property of a person in charge or control of the dog, unless the owner or person in control of the dog takes immediate action to repair any damage or remove any waste; (3) A dog which otherwise causes damages to any public or private property other than the property of a person in charge or control of the dog; (4) A dog, without provocation, while at large, has chased or approached a person in a menacing fashion or has attempted to bite or otherwise endangers a person or animal; or (5) A dog, without provocation, that bites or otherwise inflicts injury to a person or that bites or otherwise inflicts serious injury or has killed another dog or animal. (6) A dog, without provocation, has killed or caused serious injury to any person. (c) Whoever violates section (a) resulting from an instance under (b)(1-3) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on a second and third offense. On the third offense the dog shall be considered a nuisance dog. (d) Whoever violates section (a) resulting from an instance under (b)(4) of this section shall be considered a nuisance dog and is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the second degree on a second and subsequent offenses. 4874-8943-1395. v. 1 Formatted: Line spacing: Exactly 9 pt