Chapter 6.40
PUBLIC NUISANCES

Sections:

6.40.010    In general.

6.40.020    Duty of animal owner or responsible person.

6.40.030    Animal defecation.

6.40.040    Noise limitations.

6.40.010 In general.

The assembly hereby finds, determines and declares that the following animals are detrimental to the public health, safety and welfare and to the inhabitants of the borough and hereby finds, determines and declares each such animal to be a public nuisance. Each such animal may be taken into custody, impounded, held or disposed of as provided in this title or as otherwise provided by law. Such animals shall include any animal that:

(a)    Is not properly licensed or is not vaccinated in accordance with the provisions of this title;

(b)    Has been abandoned;

(c)    Is not restrained in accordance with the provisions of this title;

(d)    Is at large in violation of the provisions of this title, or as otherwise provided by law;

(e)    Molests any person, vehicle or animal not the property of its owner or responsible person; provided, however, the provisions of this subsection (e) shall not apply:

(1)    If such person, vehicle or animal is, at the time, a trespasser upon the premises of the owner of or person responsible for the molesting animal, or

(2)    To the injury of nondomesticated wild animals while hunting such animals in a lawful manner;

(f)    Damages public or private property not owned by the owner or responsible person;

(g)    Creates a disturbance to the peace and privacy of other persons through excessive noise. For purposes of this section, the term “excessive noise” shall mean noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the animal or animals are kept. Factors that the department may use to determine whether the noise is excessive may include, but are not limited to, one or more of the following:

(1)    The nature, frequency and volume of the noise;

(2)    The tone and repetitiveness;

(3)    The time of day or night;

(4)    The distance from the complaining or affected party or parties;

(5)    The number of neighbors affected by or complaining about the noise;

(6)    Any other relevant evidence demonstrating that the noise is unduly disruptive;

(7)    Whether the animal is being provoked;

(h)    Has contracted rabies or other contagious or pestilential disease and is not under the care of a veterinarian;

(i)    Is an animal in heat and is not confined in such a manner as to prevent random breeding;

(j)    Is a potentially dangerous animal and is not confined within a building or other secure enclosure or is not securely muzzled or caged when not on the premises of its owner or responsible person as provided in KGBC 6.35.020;

(k)    Is tied or otherwise physically fastened to any object in such a manner as to create an immediate danger to the physical well-being of the animal, whether on public or private property;

(l)    Is on premises open to the public where food or beverages are prepared, stored or sold; excluding, however, seeing-eye dogs or dogs trained as ears for the deaf and in use for such purpose at the time;

(m)    Defecates upon property specified in KGBC 6.35.010(a) and (b) including all publicly owned sidewalks and such fecal matter is not immediately removed and sanitarily disposed of in a lawful manner by the owner or responsible person. [Ord. No. 1923, §3, 7-20-20; Ord. No. 1874, §6, 12-17-18; Ord. No. 1695, §7, 1-6-14; Ord. No. 1540S, §2, 11-23-09; Ord. No. 1316S, §3, 6-21-04; Ord. No. 923, §1, 12-20-93. Code 1974 §20.80.005.]

6.40.020 Duty of animal owner or responsible person.

No owner or person responsible for an animal shall permit or allow such animal:

(a)    To molest a person, vehicle or animal not owned by such owner or person responsible; provided, however, the provisions of this subsection shall not apply to persons who at the time are trespassing upon the property of the owner or person responsible or to injury to wild animals while hunting such wild animals in a lawful manner; or

(b)    To damage public or private property not owned by the owner or responsible person; or

(c)    To allow any animal or animals under his or her charge, care, custody or control to emit any excessive noise, as defined in KGBC 6.40.010(g), after the department has issued a written notice to the owner of the animal or animals emitting the alleged excessive noise.

(d)    In addition to any fines under KGBC 6.05.070, the court may order restitution for violation of subsection (a) or (b) of this section. [Ord. No. 1874, §6, 12-17-18; Ord. No. 1705, §4, 3-3-14; Ord. No. 1695, §8, 1-6-14; Ord. No. 1540S, §3, 11-23-09; Ord. No. 923, §1, 12-20-93. Code 1974 §20.80.010.]

6.40.030 Animal defecation.

Any owner or person or responsible person who permits, takes or allows any animal to enter or remain in or upon any property specified in KGBC 6.35.010(a) and (b), including all publicly owned sidewalks, shall immediately remove and sanitarily and lawfully dispose of all fecal matter left on such property by the animal. [Ord. No. 923, §1, 12-20-93. Code 1974 §20.80.015.]

6.40.040 Noise limitations.

The noise restrictions set forth in this chapter do not apply to a boarding kennel or veterinary clinic located in a zoning district which prescribes a specific noise limitation. [Ord. No. 1874, §6, 12-17-18; Ord. No. 1540S, §4, 11-23-09. Code 1974 §20.80.020.]