Chapter 7.20
ANIMAL NUISANCES
Sections:
7.20.020 Nuisances Committed by Animals.
7.20.030 Violation an Infraction.
7.20.050 Maintaining Sanitary Conditions.
7.20.010 Noisy Animals.
It is declared to be a nuisance for any person to keep, maintain or permit on any lot or parcel of land under his control or ownership, any animal of any type, including any fowl which by any frequent or long continued sound, noise or cry shall cause annoyance or discomfort to two or more reasonable persons of normal sensitivity who reside in separate residences (including apartments and/or condominiums).
However, the Animal Control Officer or his or her agent may proceed on the basis of a complaint of only one person if circumstances are determined to exist where a noise disturbance caused by an animal affects only one individual. Any noise which is audible continuously for ten minutes or intermittently for thirty (30) minutes shall be prima facia evidence of such annoyance or discomfort.
The factors which should be considered in determining whether a violation has been committed include, but are not limited to:
A. Pitch;
B. Pattern; and
C. Frequency of occurrence. (Ord. 2007-1 § 1, 2007: 1949 Code § 4118)
7.20.020 Nuisances Committed by Animals.
A. It is unlawful for the owner or person having charge, custody or control of any animal to permit such animal to defecate and to allow the feces to thereafter remain on any public sidewalk, public beach or park or on any other public property or on any private property other than that of the owner or person who has custody or control of the animal.
B. No person having the care, custody, charge or control of any animal shall permit or allow that animal on any public sidewalk, public beach or park or on any other public property, or on any private property other than that of the owner or person who has custody or control of the animal, unless that person has, in his or her possession, an implement or device capable of removing any feces deposited by the animal.
C. The provisions of this section shall not be applicable to:
1. Any animal enrolled and participating in obedience classes offered by the City or in any show for which the City has issued a special event permit;
2. Any guide dog or service dog, as defined by Section 7.04.010, while being used by a blind person. (Ord. 2023-22 § 415, 2023; Ord. 2013-11 § 33, 2013; Ord. 95-45 § 1, 1995: Ord. 89-8 § 9, 1989: Ord. 1814 § 1, 1979: Ord. 1146 § 1, 1965)
7.20.030 Violation an Infraction.
It is unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction. (Ord. 1814 § 2, 1979)
7.20.050 Maintaining Sanitary Conditions.
Every person owning or occupying any property or premises where any animal or bird is kept, shall keep such premises clean and sanitary. Any feces, uneaten food, or other matter that emits an offensive odor or encourages the breeding of flies or other insects shall be collected daily and not allowed to accumulate. This provision shall not prohibit the owner or occupant of any premises from storing such feces, uneaten food, or other matter in a closed container prior to disposal. (Ord. 89-8 § 10, 1989)