§ 3-26. Public nuisances.

(a)

It shall be unlawful and constitute a public nuisance for any person to maintain any animal or fowl in such a manner or allow any pen, enclosure, yard, or similar place used for the keeping of animals or fowl to become unsanitary, offensive by reason of odor, or create a condition that is a breeding place for fleas, flies or other vector and which is offensive to persons of ordinary sensibilities residing in the vicinity thereof or is determined to be a public nuisance by the animal control authority.

(b)

It shall be unlawful and constitute a public nuisance for any person to maintain any animal which repeatedly roams at large in violation of this chapter on public or private property; attacks another animal(s); or damages public or private property.

(c)

Animals defecating and urinating in certain places prohibited removal of excreta.

(1)

Prohibited. It shall be unlawful for the person controlling to permit, either willfully or through failure to exercise due care or control, any dog or animal to urinate or defecate upon the sidewalk or parkway of any public street, or upon the floor of any common hall in any entranceway, stairway, or wall immediately abutting on a public office building or other buildings used in common by the public or upon the floor, stairway, entranceway, office, lobby, foyer or patio used in common by the public. For the purpose of this section, the term "parkway" shall mean the portion of a public street other than a roadway or a sidewalk.

(2)

Removal of excreta. It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog, cat, or other animal being handled or controlled by the person upon public works, parks, recreation areas, sidewalks, parkways, or public streets or any other public areas specified in subsection (c)(1) of this section, or upon any private property other than the premises of the owner, handler, or controller of such animal.

(d)

It shall be unlawful and constitute a public nuisance for the owner of any animal to allow any excreta deposited by his animal to remain on public or private property. Any condition injurious to public health caused by the lack of or improper disposal of animal waste will be considered a violation of this section.

(e)

It shall be unlawful for any person to allow any animal to remain a public nuisance as defined herein.

(f)

It shall be unlawful for any person to permit the carcass of any dead animal to be or remain, upon any property under his control for more than 24 hours after the death of the animal.

(1)

If the dead animal is a dog or cat, the owner must bag the carcass in a plastic trash capable of containing the carcass, seal it and place the bagged carcass next to the edge of the roadway in front of the property so it may be picked up by the animal control department.

(2)

The owner shall immediately notify the animal control department of the bagged carcass in order for it to be picked up as quickly as possible.

(3)

Should the carcass be of such size that it cannot be reasonably bagged and/or deposited next to the roadway for pickup, the owner must notify the animal control department of this hardship within 24 hours of discovering the carcass.

(4)

If the owner is over the age of 65 or physically incapable of bagging the carcass, the owner shall notify the animal control department within 24 hours of discovering the carcass and formally request assistance in the removal of same.

(5)

An owner who fails to bag and place the carcass for pickup, or fails to notify the animal control department of a hardship as described in paragraphs (3) or (4) above, violates this section of this chapter.

(Ord. No. 2520, Art. I, 3-6-12)