[Adopted 8-2-1993 by Ord. No. 93-32]
Any person owning or in charge of any dog, cat or other animal which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of said property shall immediately remove all feces deposited by any such dog, cat or other animal by sanitary method pursuant to § 144-18, Methods of disposal.
The feces removed from the aforementioned designated
area shall be disposed of by the person owning or in charge of any
such dog, cat or other animal in accordance with the provisions of
this article.
The provisions of this article shall not apply
to blind persons who may use dogs as guides.
Sanitary methods for removing all feces are
devices such as pooch scoops, small shovels, etc. All feces removed
by the person owning, harboring, keeping or in charge of any such
dog, cat or other animal shall be disposed of in a sealed, nonabsorbent,
leakproof container.
A.
Any person who violates this article shall, upon conviction
thereof, be liable to a fine of not less than $50 nor more than $250
for a first offense.
B.
For a second offense, the fine shall be not less than
$100 nor more than $350.
C.
For a third offense, the fine shall be not less than
$150 nor more than $500.
D.
A person who refuses or neglects to pay forthwith
the amount of the fine rendered shall be sentenced to perform community
service for a period not exceeding 15 days.
E.
The Dog Control Officer, the Nuisance Inspector in the Department of Development, Solid Waste Department Supervisors, the Recycling Coordinator, the Parks Department and police officers are designated and authorized to issue court appearance tickets for violations of this Article III, Feces Nuisances.
[Added 4-11-1994 by Ord. No. 94-09; amended 5-23-1994 by L.L. No. 3-1994]
F.
Failure to provide liability insurance.
[Added 7-23-2012 by Ord. No. 2012-09]
(2)
For the purposes of this subsection, "possession" is defined as:
(a)
Ownership;
(b)
Physical control of the animal;
(c)
Residing in the same premises as the animal, regardless of how
long the animal is at said location or how long the individual resides
at the location. Being present at an indoor location zoned residential,
at any point in time during two consecutive days, will be considered
residing.
(d)
Being present at any location, either indoors or outdoors, where
there is a dog in the immediate vicinity and the individual is the
only person 18 years old or older, excluding people 18 years old and
older who are not the owners of the dog.
(3)
A violation of the requirements of this subsection will be punishable
by not less than 15 days in jail nor more than one year in jail.
