Chapter 6.24
ANIMAL NUISANCES – ABATEMENT – PENALTIES
Sections:
6.24.010 Nuisances – Definitions.
6.24.020 Nuisances – Abatement – Notice.
6.24.040 Nuisances – Penalties – Infraction.
6.24.050 Penalties – Failure to abate nuisance – Misdemeanor.
6.24.010 Nuisances – Definitions.
It is a public nuisance if the owner of a domestic animal fails to exercise proper care and control of his or her animal such that:
A. The animal is not licensed as required under this title.
B. The animal, which by habitual howling, yelping, barking or other noise, disturbs or annoys any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of ten or more minutes or intermittent noise for a period of thirty or more minutes and verified by a designated city official;
C. The animal chases, runs after or jumps at vehicles using public streets and alleys;
D. The animal habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;
E. The animal causes damage to property other than the property of the animal’s owner;
F. The animal exhibits vicious propensities constituting a danger to the safety of persons or property off of the property of the animal’s owner, or lawfully on the property of the animal’s owner;
G. The animal is a vicious animal or an animal with vicious propensities which runs at large at any time, or such an animal is off the owner’s premises not securely leashed, on a line, or confined and in the control of a person of suitable age and discretion to control or restrain such animal;
H. A vicious animal is able to reach those persons utilizing the normal ingresses and egresses to and from the premises where such an animal is maintained;
I. The owner of a vicious animal fails to post signs in two conspicuous places upon the premises, warning those persons who may come upon or near the premises of the existence of the vicious animal;
J. The owner of a vicious animal fails to establish and/or maintain a proper enclosure for such vicious animal as set forth in this title;
K. The animal is kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian;
L. The animal is running in packs of other animals or in groups of two or more;
M. The pen, stable, lot, place or premises in which the animal may be confined has become nauseous, foul or offensive or otherwise has become an annoyance to any person or neighborhood; or
N. The animal deposits excretory matter on property other than the property of the animal’s owner. (Ord. 473 § 3 (Exh. C), 2021; Ord. 458 § 1 (Exh. A) (part), 2019: Ord. 433 § 1 (Exh. A) (part), 2016)
6.24.020 Nuisances – Abatement – Notice.
Enforcement, process procedures, and penalties for violations of this chapter shall be as set forth in Chapter 1.32 BMC, except it is a misdemeanor violation and punishable as described in Chapter 1.28 BMC if the owner of an animal declared to be a public nuisance is properly served with a notice of abatement and the owner fails to abate the nuisance as directed within the time specified in the notice of violation and correction. (Ord. 473 § 3 (Exh. C), 2021; Ord. 458 § 1 (Exh. A) (part), 2019: Ord. 433 § 1 (Exh. A) (part), 2016)
6.24.030 Service of notice.
The notice of violation and order of corrective action shall be served in the manner set forth in BMC 1.32.050(C). (Ord. 473 § 3 (Exh. C), 2021; Ord. 458 § 1 (Exh. A) (part), 2019: Ord. 433 § 1 (Exh. A) (part), 2016)
6.24.040 Nuisances – Penalties – Infraction.
A violation of this chapter shall constitute an infraction and shall be punished in accordance with the general fine and penalty provisions of BMC 1.28.030(C) for nontraffic civil infractions. Any person, firm or corporation who violates this chapter and fails to abate, correct, obtain permits or licenses after receiving notice of violation shall be issued a Class A infraction notice; provided, however, any violator who fails to abate, correct, obtain permits or licenses promptly after issuance of a first infraction notice shall be guilty of a second, separate violation, and failure to abate, correct, obtain permits or licenses shall be punished by a Class B infraction. A third offense shall be a Class C infraction. (Ord. 473 § 3 (Exh. C), 2021; Ord. 458 § 1 (Exh. A) (part), 2019: Ord. 433 § 1 (Exh. A) (part), 2016)
6.24.050 Penalties – Failure to abate nuisance – Misdemeanor.
Continual failure to abate, correct, and obtain permits or licenses or failure to respond to any infraction as issued shall constitute a misdemeanor and shall be subject to the uniform fine and penalty for misdemeanors, in accordance with the general fine and penalty provisions of Chapter 1.28 BMC. (Ord. 473 § 3 (Exh. C), 2021)