§ 4-139. Nuisances defined.

(a)

It shall be unlawful for the owner of any animal to create a nuisance, fail to exercise reasonable care and control so as to prevent a nuisance, or allow any animal to create or become an animal nuisance.

(b)

A nuisance under subsection (a) of this section shall be deemed to include, but not be limited to, violation of any of the following requirements and/or prohibitions:

(1)

The owner of any female animal in heat (estrus) shall confine such animal in a building or secure enclosure and shall attend to the female animal in such a manner that it cannot come into contact with a male of the same species, except for planned breeding.

(2)

No animal owner shall, without the consent of the owner of the property affected, permit any animal to injure, destroy or carry away any vegetable, plant, fruit, shrub, tree, flower or other thing which may be on said premises or which may be planted or seeded there.

(3)

No animal owner shall, without authorization, allow or cause its animal to enter onto, across, or under the private property of another, including, but not limited to, reaching over, under, or through a fence of another.

(4)

No animal owner shall cause or allow its animal to soil, defile, or defecate on any public property, sidewalk, public way, or upon the private property of another (other than that of the animal owner) unless such animal owner immediately removes and properly disposes of all feces deposited by its animal by the following methods:

a.

Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and

b.

Removal of such bag or container to the property of the animal owner or otherwise properly dispose of the waste in a manner permitted by law.

It shall not be a violation of this chapter for a blind or disabled person with a service animal to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or private property.

(5)

No animal owner shall allow or permit animal waste to collect, accumulate and remain on the property of the owner so as to cause or create an unhealthy, unsanitary, dangerous, or offensive living condition on the owner's property, or on that of any adjacent property owner.

(6)

It shall be unlawful for the owner of any animal to fail to keep such animal under restraint or to permit such animal to run at-large upon the private property of others, or upon the streets and public ways within the village.

(7)

It shall be unlawful for any dog, even though on a leash, to be or enter upon any public hall, restaurant, store, or place where food is served or offered for sale, or any other office, store, or retail establishment anywhere within the village, except any retail establishment for the sale of animal pets, any animal hospital, kennel, boarding facility or veterinarian's office. This subsection shall not apply to service animals and dogs used for law enforcement purposes.

(8)

It shall be unlawful for any dog, even though on a leash, to go or be upon any school premises, public playground, or other public area within the village, or upon a path or sidewalk extending through or within any of the foregoing, or on any public property which has been posted with signs indicating that no dogs are allowed; except that dogs are allowed in public areas that have been specifically designated and posted as permissible dog areas, provided that any dog is under the immediate control of the animal owner. This subsection shall not apply to service animals and dogs used for law enforcement purposes.

(9)

It shall be unlawful for any person to construct or maintain a dog run in violation of the regulations herein and those set forth in the Zoning Ordinance, appendix A of this Code.

(10)

Any dog, while on a street, sidewalk, or other public way shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog, except that this requirement shall not apply to any service animal or any dog being used for law enforcement purposes.

(11)

Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to adjacent property owners or occupants or others in close proximity to the premises where the animal is being kept shall be deemed a nuisance under this chapter.

(12)

Any animal that without provocation and in a manner reasonably considered by another person to be threatening, interferes with the freedom of movement of such person in a public right-of-way shall be deemed a nuisance under this chapter.

(13)

Any animal that chases motor vehicles in a public right-of-way shall be deemed a nuisance under this chapter.

(14)

Any animal that bites, threatens to bite, attacks or threatens to attack a person or other animal shall be deemed a nuisance and shall be impounded as provided under the terms of this chapter.

(Code 1993, § 4-6.1; Ord. No. 2011-O-32, 5-10-2011)