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45 <br /> <br />an animal. The purpose of the issuance of a citation is to effect <br />the conduct of the owner of an animal by seeking to have an owner <br />responsibly maintain sufficient restraint and confinement of his/her <br />animal. Therefore, an owner of an animal shall be subject to <br />escalating penalties for each violation of Section 9 allowed by the <br />owner, whether the animal is the same animal, a different animal, or <br />various animals belonging to the owner. Each violation of Section <br />9 shall subject the owner to the following escalating citation <br />penalties: <br /> <br />OWNERfS OFFENSE <br /> <br />PENALTY <br /> <br />1st $ 50 fine. Seizure of the animal unless <br /> the owner immediately complies with <br /> Article I, Section 9. <br />2nd $150 fine. Seizure of the animal unless <br /> the owner immediately complies with <br /> Article I, Section 9. <br />3rd and subsequent offenses $250 fine. Seizure of <br /> the animal unless the owner immediately <br /> complies with Article I, Section 9. <br /> <br />Section 10. Public Nuisance <br /> <br />(1) The actions of an animal constitute a nuisance when an animal <br /> disturbs the rights of, threatens the safety of, or damages a member <br /> of the general public, or interferes with the ordinary use and <br /> enjoyment of another's property, or frightening or harming <br /> livestock. <br />(2) It shall be unlawful for any person to own, keep, possess or <br /> maintain an animal in such a manner as to constitute a public <br /> nuisance. By way of example and not of limitation, the following <br /> acts or actions by an owner or possessor of an animal are hereby <br /> declared to be a public nuisance and are therefore unlawful: <br /> a. Having an animal that disturbs the rights of, threatens the <br /> safety of, or damages a member of the general public, or <br /> interferes with the ordinary use and enjoyment of one's <br /> property. <br /> b. Allowing or permitting an animal to damage the property of <br /> anyone other than its owner, including but not limited to, <br /> turning over garbage containers, or damaging gardens, flowers, <br /> or vegetables, or defecating upon the property of another, or <br /> frightening or harming livestock. <br /> c. Maintaining animals in an unsanitary environment which results <br /> in offensive odors or is dangerous to the animal or to the <br /> public health, safety or welfare, or a failure to maintain a <br /> condition of good order and cleanliness which reduces the <br /> probability of transmission of disease. <br /> d. Maintaining the owner's property in a manner that is <br /> offensive, annoying or dangerous to the public health, safety <br /> or welfare of the community because of the number, type, <br /> variety, density or location of the animals on the property. <br /> e. Allowing or permitting an animal to bark, whine, howl, crow, <br /> or cackle in an excessive or untimely fashion so as to <br /> interfere with the reasonable use and enjoyment of neighboring <br /> premises. <br /> f. Maintaining an animal that is diseased and dangerous to the <br /> public health. <br /> g. Maintaining an animal that habitually or repeatedly chases, <br /> snaps at, attacks pedestrians, joggers, animals walked on a <br /> leash by owners, bicycles or other vehicles. <br /> h. Failing to confine a female dog or cat while in heat in a <br /> building or secure enclosure in such a manner that she will <br /> not be in contact with another dog or cat, or attract other <br /> animals; provided, this section shall not be construed to <br /> prohibit the intentional breeding of animals within an <br /> enclosed area on the premises of the owner of the animal which <br /> is being bred. <br /> In addition to any other enforcement remedies available under this <br />ordinance, if the Director/Supervisor declares an animal to be a nuisance <br /> <br /> <br />