§ 4-66. Animal nuisance prohibited.

(a)

Animal nuisance. An animal nuisance is created and exists when any dog, cat, or other domestic animal unreasonably annoys humans, endangers the life or health of other animals or persons or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Such acts of nuisance shall include, but are not limited to, the following:

(1)

Damages property other than that of the animal's owner;

(2)

Attacks or disturbs other animals, persons or vehicles by chasing, barking or biting;

(3)

Makes excessive noises including, but not limited to: barking, whining, howling, caterwauling, or crying;

(4)

Creates noxious or offensive odors;

(5)

Defecates upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or

(6)

Creates an unsanitary condition or insect breeding site due to an accumulation of excreta or filth.

(b)

Acts prohibited. It shall be unlawful for the owner or harborer of any dog, cat, or other wild or domestic animal to cause or permit such animal to perform, create or engage in any animal nuisance as herein defined in subsection (a). Any animal found acting in any way forbidden by this article shall hereby be declared a nuisance and its owner or harborer shall be subject to the penalties as herein defined in subsection (c) below.

(c)

Penalty. A violation of this section shall be punishable by a Class 4 misdemeanor. However, upon conviction of any second or subsequent offense within twelve (12) months of the first conviction under this section, the court may order the owner of the animal found to be in violation to have the animal spayed or neutered in addition to any penalties prescribed herein.

(Ord. of 4-15-03, § IV; Ord. of 2-27-07(4))

(Ord. of 4-15-03, § IV; Ord. of 2-27-07(4))