§ 8-8. Animal nuisances.

(a)

The following are deemed public nuisances and are declared to be unlawful:

(1)

The keeping of any animal which causes loud and unusual or frequent barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibility.

(2)

The keeping of any animal in such a manner as to endanger the public health; to annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or is considered to be a hazard to any other animal or human being.

(3)

The keeping of bees in such a manner as to deny the lawful use of adjacent property or endanger personal health and welfare or the keeping of any animal in such a manner to deny the lawful use of adjacent property, public property or to endanger personal health and welfare.

(4)

Any animal pens, stables or enclosures and property not kept free from carrion or any putrescible material.

(5)

It shall be unlawful and an offense for any person handling or controlling a dog, cat or other animal to permit, either willfully or through failure to exercise due care or control, any dog or animal to defecate upon any private property other than the premises of the owner, handler or controller of such animal. It shall also 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 or cat or other animal being handled or controlled by that person upon any property other than the premises of the owner, handler or controller of such animal.

(6)

Any house, building, business, lot, yard, pen, enclosure or ground in which an animal is kept that is unsanitary or offensive to a person of ordinary sensibility residing in the vicinity thereof or to the public at large.

(b)

It shall be the duty of every person raising or keeping livestock, including cattle, horses, mules, donkeys, sheep, or goats, to keep them confined by a pen, coop, enclosure, or fence, a distance of at least 55 feet from every building or structure used for residential purposes for sleeping, dining, or living, other than living quarters of the owner or keeper of the livestock, and such area shall be kept in a sanitary condition and shall be kept in a manner as will be reasonably calculated not to become offensive to adjacent neighbors or to the public. It shall be the duty of every person raising or keeping livestock to keep such livestock a distance of at least 500 feet from every building, structure, or property used for a medical clinic, hospital, school, church, or other commercial or public use in the city.

(c)

The local animal control officer shall make such determination of public nuisance and shall give notice to the owner to abate such condition. In the event such condition is not abated within ten days of such notice, each day that the nuisance is not abated shall constitute a separate violation. A certified letter, return receipt requested, to the owner shown on the city tax rolls at the address of such nuisance, shall constitute proper notice.

(Code 1994, art. 2.800; Ord. No. 389, § 1, 6-13-2005)