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<br />Ordinance No. 2008 -19
<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; or
<br />(5) By defecating upon any lawn, tree, shrub, plant, building or
<br />any other public or private property, other than the property of the owner
<br />or person in charge or control of such animal.
<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 therefore 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 for a first offense; for each subsequent offense such person
<br />shall be guilty of a misdemeanor of the fourth degree.
<br />BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS:
<br />505.08 NUISANCE CONDITIONS PROHIBITED.
<br />(a) No person shall keep or harbar 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. There is hereby created a presumption whereby any
<br />animal which commits, creates or becomes a nuisance as described in
<br />section (b) below is presumed to have done so with the permission of the
<br />owner or person in charge or control of such animal.
<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, including, 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 upon, any lawn, tree, shrub, plant, building or any other
<br />property, public or private, other than the property of the owner or person
<br />in charge or control of such animal, thereby causing damage to said lawn,
<br />tree, shrub, plant or building;
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