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Sec. 10 -7. - Public nuisance. (a) (b) The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of or damages a member of the general public, interferes with the ordinary use and enjoyment of another's property, or frightens or harms livestock. It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner as to constitute a public nuisance. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance and are therefore unlawful: (1) Having an animal that disturbs the rights of, threatens the safety of or damages a member of the general public, or interferes with the ordinary use and enjoyment of one's property. (2) Allowing or permitting an animal to damage the property of anyone other than its owner, including but not limited to, turning over garbage containers; damaging gardens, flowers, or vegetables; defecating upon the property of another; or frightening or harming livestock. (3) Maintaining animals in an unsanitary environment which results in offensive odors or is dangerous to the animal or to the public health, safety or welfare, or a failure to maintain a condition of good order and cleanliness which reduces the probability of transmission of disease. (4) (5) (6) (7) (8) Maintaining the owner's property in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property. Allowing or permitting an animal to bark, whine, howl, crow, or cackle in an excessive or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises. Maintaining an animal that is diseased and dangerous to the public health. Maintaining an animal that habitually or repeatedly chases, snaps at, or attacks pedestrians, joggers, animals walked on a leash by owners, bicycles or other vehicles. Failing to confine a female dog or cat while in heat in a building or secure enclosure in such a manner that she will not be in contact with another dog or cat or attract other animals, provided this section shall not be construed to prohibit the intentional breeding of animals within an enclosed area on the premises of the owner of the animal which is being bred. In addition to any other enforcement remedies available under this chapter, if the director /supervisor declares an animal to be a nuisance under this section, then the director /supervisor has the authority to order the owner to confine the animal in accordance with the instructions of the director /supervisor. It shall be unlawful for the owner to fail to comply with such an order or with the instructions in the order. (Ord. of 8- 17 -92, art. 1, § 10; Ord. of 3- 19 -96, art. 1, § 10) Sec. 10 -8. - Dangerous animals. (a) (b) It shall be unlawful for any person to own or in any way maintain or harbor any animal which is dangerous. J If the director /supervisor has determined that an animal is dangerous, then the director /supervisor shall notify the owner immediately in writing, if the owner is known and after reasonable efforts to (otherwise) notify the owner (have failed). The owner shall turn the animal over to the department immediately after such notification. The director /supervisor shall have the authority to seize immediately an animal deemed dangerous. The director /supervisor shall have the discretion to dispose of an animal in one of only two specific ways: (1) By the humane destruction of the animal; or (2) By giving the animal to an individual or an organization, subject to the protective and inspection conditions required by the director /supervisor for the well -being of the animal and for the protection of the public, for the purpose of preserving and taking care of the animal. An animal declared to be a dangerous animal by the director /supervisor shall not be disposed of for research or experimental purposes. (c) The sheriff shall conduct a hearing to determine if the director /supervisor's determination that the animal is dangerous is correct or incorrect. If the animal is judged not to be dangerous, it shall be returned to the owner. If the sheriff determines the Attachment number 2 F -1 Page 41