Ord 2008-062 - Laserfiche WebLink

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(a) An owner harborer, or other person in possession of a dog commits an offense if he knowin0v permits or by insufficient control allows, the dog to defecate in the city on private or public property and fails to remove and dispose of any excreta the dog deposits. (b) An owner harborer. or other person in possession of a dog commits an offense if he: (1) Knowingly permits the dog to enter or be present on private property located in a public place; and (2) Fails to have in his possession materials or implements that, either alone or in combination with each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property. (c) It is an affirmative defense to prosecution under subsection (a) or (b) that: (1 The property was owned. leased, or controlled by the owner, harborer, or person in possession of the dog at the time it defecated; _ (2) The dog was specifically trained to assist a person with a disability and was in possession of that disabled person at the time it defecated or was otherwise present on the property; (3) The owner of the property or person in control of the property had given prior • consent for the dog to defecate on the property: or (4) The dog is a police canine being used in official lave enforcement activities. Section 6.014. Unabated Nuisances. (a) A "continuing public nuisance" is defined as a public nuisance that after notice as described in subsection (c) to the owner of an animal(s) or person in control of an animal(s), continues unabated as determined by the Animal Services Manager. b) The Animal Services Manager, or his desi.nee, may determine that a public nuisance exists through an investigation of any reported or perceived public nuisance. and may interview witnesses or conduct such hearings as he may determine are necessary. formally or informally. He shall make a determination based on the necessity to preserve the public health. safety and welfare of the community. c) Upon such determination, the Animal Services Manager, or designee.. shall notify the animal owner or the person in control of the animal(s). This notice shall be in writing and shall contain a statement that such person has a right to appeal. The notice shall set forth the noncompliance and order the owner to abate the public nuisance described in such notice within seven (7) davs. Notice of a public nuisance shall include, but not be limited to, written notice of the existence of a public nuisance delivered by personal service, certified mail. return receipt requested, or left at the entrance to the premises where the animal(s) is harbored. A notice that is mailed is deemed received five (5) days after it is placed in a mail receptacle of the United States Postal Service.