§ 5-25. Public nuisances.

(a)

It shall be unlawful and a civil infraction for the owner or custodian of an animal to permit the following nuisances to be committed, either willfully or through failure to exercise due care or control:

(1)

No dog or cat shall be permitted to habitually chase after or otherwise harass persons or vehicles.

(2)

No dog or cat shall be permitted to trespass on school grounds, or other public or private property, except that this restriction does not apply to dogs utilized by law enforcement agencies in law enforcement activities or to dogs trained to assist a blind, deaf or physically handicapped person when in the company of that person.

(3)

No dog or cat shall be permitted to run at large off of the premises of its owner or custodian and upon public property, or upon other private property without the permission of the owner or occupant of such private property.

(4)

No dog or cat shall be permitted to destroy or damage private or public real or personal property of another, or cause serious annoyance to a neighboring premises by interfering with the reasonable use and enjoyment of the property.

(5)

No dog or cat shall be permitted to bark, bay, cry, whine or howl or make any other noise continuously and/or incessantly in an excessive, habitual or untimely fashion for such a duration that it annoys or disturbs a reasonable person of normal sensitivities residing in or occupying premises in close proximity to the premises on which the animal is located. However, a dog will not be deemed a "barking dog" if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property where the dog is situated or for any other legitimate cause which teased or provoked the dog. In the case of multiple animals at one location, it shall not be necessary to single out which specific dog or cat committed a noise nuisance. It shall be sufficient to demonstrate that the noise emanated from the premises.

(6)

No dog or cat shall be permitted upon the public beaches of the county, unless specifically authorized by a sign clearly posted by the county.

(b)

It shall be unlawful and a civil infraction for the owner or custodian of an animal to fail to immediately remove and dispose of that animal's waste upon any public or private property when the owner or custodian of the animal could reasonably be expected to be aware of the nuisance or has received notice of the existence of the nuisance.

(c)

It shall be unlawful and a civil infraction for any person to provide care, shelter, protection, refuge, or food to a chicken or chickens except in those zoning districts where the same are specifically authorized pursuant to the county land development code.

(d)

It shall be unlawful and a civil infraction for any person to own, possess, sell, harbor, or transfer to another individual, any potential rabies carrier, as defined in this article, or wolf/wolf hybrid, as a personal pet within the county. Owners of potential rabies carriers, wolf/wolf hybrid, obtained prior to the effective date of Ordinance No. 93-51, shall be allowed to keep, possess or harbor the animal provided they properly permitted through the respective state and federal agencies, and registered with the local animal control agency, and further, the animal(s) must not have been obtained from the wild. Owners of a potential rabies carrier animal, or wolf/wolf hybrid, which was obtained prior to the effective date of Ordinance No. 93-51, shall not replace the animal with another potential rabies carrier if it becomes lost, stolen, given away, or dies after the enactment date hereof. This prohibition of ownership of a potential rabies carrier shall not apply to properly licensed zoos, zoological parks, museums, wildlife rehabilitators, or research facilities, or to individuals which meet all state and federal requirements for licenses to keep these animals, provided the same are registered with the animal control agency. It shall be the responsibility of the owner of any potential rabies carrier animal, or wolf/wolf hybrid, to provide proof of the acquisition date and the animal's source if requested to do so by the county public health unit, the local animal control agency, or any law enforcement officer. The wolf/wolf hybrid can be vaccinated against rabies, but because of the wild nature is very unpredictable and poses a potential danger to the citizens of the county.

(Ord. No. 92-25, § 5, 11-3-92; Ord. No. 93-46, § 1, 10-12-93; 93-51, § 2, 11-30-93)