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' Ordinance No. 2004-130 <br />(b) Any person violating this Section shall be guilty of a minor <br />misdemeanor, which shall be punishable by a fine of fifty dollars per <br />violation. <br />SECTION 2: That Section 505.08 of Chapter 505 of the General Offenses Code, <br />which presently reads as follow: <br />505.08 NUISANCE CONDITIONS PROHIBITED. <br />(a) No person shall keep or harbor any animal in the City so as to <br />permit or suffer to be permitted the commission or evidence of a nuisance <br />as hereinafter defined. <br />(b) Any animal which disturbs the peace and quiet, endangers the <br />repose or health of any person or persons, or causes property damage, in <br />any one of the following manners is hereby declared to be a nuisance: <br />(1) By frequently or habitually making loud and offensive <br />noises, mcluding, but not limited to barking, howling, hissing, crying, <br />screaming, screeching, or yelping; <br />(2) By frequently or habitually scratching or digging in, or <br />urinating or defecating upon, any lawn, tree, shrub, plant, building or any <br />other property, public or private, other than the property of the owner or <br />person in charge or control of such animal, thereby causing damage to said <br />lawn, tree, shrub, plant or building; or <br />(3) On any occasion, when the animal is found on the property <br />of another or upon public property, and is, in an aggressive manner, <br />threatening to attack, or has attacked, any human being. <br />(4) By the accumulation of animal waste so as to create <br />noxious or offensive odors or unsanitary conditions that cause a risk to the <br />health, safety or public welfare. <br />(c) On complaint of any person or police officer that an animal, <br />harbored or kept in the City, has disturbed the peace and quiet, endangered <br />the repose or health of any person or persons, or damaged property in any <br />one of the manners specified above, written notice therefor by the Animal <br />Warden shall be given to the person harboring or keeping such animal. <br />Failure to abate the nuisance complained of shall subject the person to the <br />penalty provided for in this section. <br />(d) In the case of defecation, noxious or offensive odors or unsanitary <br />conditions, wherein the owner or person in charge or control of such <br />animal, removes all feces deposited by such animal and disposes of the <br />same in a sanitary manner, such nuisance shall be considered abated. <br />(e) If upon complaint by the person or police officer as provided in <br />paragraph (c) above, the owner, harborer or keeper of the animal cannot be <br />immediately determined, the Animal Warden may seize and impound the <br />animal. Thereafter, the animal shall be kept and disposed of as provided <br />for in Section 505.02. <br />(f) Whoever violates this section shall be guilty of a minor <br />misdemeanor. <br />2 <br />