A. It is unlawful for any person within the city to keep, own or harbor any animal which is a public nuisance as determined by the control officer. Failure to abate such nuisance within five days from date of written notification by the animal control division will be deemed to be a violation of this chapter.

B. As used in this article, “nuisance animal” shall be defined as any animal that commits any of the acts listed herein:

1. Molests or chases pedestrians, passersby or passing vehicles, including bicycles, or molests, attacks or interferes with other animals or persons on public property or private property other than that of the owners;

2. Makes unprovoked attacks on other animals of any kind or engages in conduct which establishes such animal as a “Dangerous Animal”;

3. Is repeatedly at large; specifically, three or more times per twelve (12) month period (excluding domestic cats);

4. Damages, soils or defiles public property or private property, other than property belonging to or under the control of the owner;

5. Repeatedly defecates on property not belonging to or under the control of its owner, unless such waste is immediately removed and properly disposed of by the owner of the animal (including domestic cats);

6. Barks, whines, howls, crows, crackles or makes any noise excessively and continuously, and such noise disturbs a person of ordinary sensibilities;

7. Produce odors or unclean conditions sufficient to annoy persons living in the vicinity; or

8. Is unconfined when in heat.

C. If the animal control officer determines that any animal is a nuisance, the animal control officer may issue an order requiring that the owner meet certain remedial requirements to correct the conduct of the animal. The order, the form of which shall be provided for by policy, shall be given to the owner by personal service or by certified mail, return receipt requested. The owner may file a written appeal to this order clearly stating the reasons for the appeal, to the city manager within ten days of service. The city manager or designee shall review the appeal to determine the issues stated. The city manager shall make his or her decision on the basis of preponderance of the evidence presented. The decision of the city manager shall be rendered within thirty (30) days from receipt of the appeal and the decision of the city manager shall be final. Nothing herein precludes the city from seeking other remedies if an owner fails to comply with the remedial requirements stated or the decision rendered in the appeal process.

D. Persons residing within six hundred (600) feet of a person who harbors or keeps an animal that they believe to be nuisance may initiate a written, signed complaint, the form of which shall be provided for by policy, with the animal control division. The animal control division shall investigate the merits of such complaints to determine if the stated animal is a nuisance as defined herein. If the animal is determined to be a nuisance animal the procedure set forth in subsection (B) of this section shall apply.

E. No person shall construct, place or maintain any beehive within three hundred (300) feet of any residence other than that of the owner except with the consent of the occupants of all such residences. (Ord. G-1011 § 1 (part), 2007: Ord. G-1001 § 1 (part), 2007)