§ 6-100. Owner responsibilities.

(a)

The owner or keeper of any animal in the city is responsible for the behavior and conduct of that animal at all times. Persons feeding and harboring any animal will be considered a "responsible person" for that animal.

(b)

The owner or keeper shall prevent his animal from biting or injuring without provocation, any animal or person.

(c)

The owner or keeper shall not keep more than the number of animals allowed under this chapter.

(d)

An owner or keeper creates an animal nuisance per se by the keeping, frequent feeding or harboring of stray dogs or cats including any poisonous or inherently dangerous or prohibited animal.

(e)

The following constitute a public nuisance:

(1)

Any animal owned or kept that:

a.

Trespasses on school grounds or any private property.

b.

Is repeatedly at large.

c.

Damages private or public property.

d.

Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours with such intensity, or with such continued duration so as to annoy, distress or disturb the quiet comfort or resting of persons within the vicinity of hearing thereof or as further provided in section 21-21 of this Code of Ordinances.

e.

Attacks and injures or kills a domestic animal.

f.

Feeding and harboring any wild or feral animal in a residential area.

(f)

Misdemeanor violations by animal owners; presumptions.

(1)

An animal owner commits a misdemeanor offense if by act, omission or possession he creates an animal nuisance or an animal nuisance per se.

(2)

No culpable mental state shall be required to support a conviction.

(3)

The following presumptions are hereby declared applicable in the prosecution of an offense pursuant to this section:

a.

The filing of a complaint by two (2) or more neighbors, within a twelve-month period, regarding the barking of an animal kept by its owner shall give rise to the presumption that an owner keeps an animal which barks or whines in such a manner, with such intensity, or with such continued duration so as to annoy, distress or disturb the quiet, comfort or repose of persons of normal nervous sensibilities. For the purpose of this presumption, each neighbor must occupy a different residence.

b.

The fact that an animal in question has bitten or injured another animal or human being during the previous eighteen (18) months shall give rise to the presumption that the animal bites or injures other animals or human beings without provocation.

c.

The fact that an animal in question has damaged or destroyed public or private property during the last twelve (12) months shall give rise to the presumption that the animal has a propensity to destroy property.

(g)

Abatement of animal nuisance complaint and citation; summary statement.

(h)

Any person may, upon presentation of a duly executed affidavit stating the existence of an animal nuisance as defined in this chapter, and identifying the name and address of the owner or owners of such animal may request the city prosecutor to file a complaint in municipal court against the owner or owners of such animal under the provisions of this chapter. The filing of a complaint by the person will result in the issuance of a court summons to the owner or owners of the animal in question.

(i)

Animal control officers and other law enforcement officers may issue the owner or owners of animals creating an animal nuisance, as defined in this chapter, a citation to appear in municipal court to answer the offense charged.

(Ord. No. 2010-O-029, § 1, 3-15-10)