<div class="chunk-title">Sec. 3-33. - Animal(s) creating nuisance prohibited from running at large.</div>
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            <p class="incr0">
               (a)
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               It shall be unlawful for any owner to permit an animal to run at large so as to create
               a public nuisance.
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               (b)
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            <p class="content1">
               For the purpose of this section, public nuisance includes, but is not limited to,
               the following:
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               (1)
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               Animals that habitually or repeatedly disturb, interfere with or annoy human beings
               while not in the mode of attack; or
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               (2)
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               Animals that damage the property of another, defecate or urinate upon the property
               of another, tip over garbage pails or damage gardens, flowers or vegetables; or otherwise
               interfere with the reasonable use of one's property; or
               </p>
            		
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               (3)
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               In the case of a female animal, ones that are not confined in a secure enclosure during
               estrus; or
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               (4)
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               Dogs that are found to be without restraint, off their owner's property on a public
               highway, street, roadway or sidewalk.
               </p>
            		
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               (c)
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               When the animal services director's investigation determines that a violation of this
               section is supported by evidence, the animal services director will issue the owner
               or keeper a containment order notice as outlined in <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-32PRMECOAN" class="section-link" data-product-id="12207">section 3-32</a>, which requires the owner or keeper to-to comply with specific preventive measures
               for the containment of an animal or animals on his or her property at all times.
               </p>
            		
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               (d)
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               <span class="ital">Fine for violation.</span> After a containment order notice has been issued to a person, the animal services
               director, upon finding evidence to support a subsequent violation of this section,
               including failure to abide by the containment order notice, may issue the owner or
               keeper a citation with costs and fines as follows:
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               (1)
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               In addition to any fines, attorney's fees if and as incurred in the enforcement or
               prosecution of the violation, or as allowed by the court;
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               (2)
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               For the first subsequent violation, a fine of one hundred dollars ($100.00);
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               (3)
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               For the second subsequent violation, and any subsequent violation of this section,
               a fine of two hundred dollars ($200.00);
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               (4)
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               If the nuisance animal is a female in estrus, in addition to the notice of the "restraint
               of nuisance animals running at large" above, there shall be a fine of five hundred
               dollars ($500.00) imposed for each incident and each animal; and,
               </p>
            		
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               (5)
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               If a nuisance animal is spayed or neutered within thirty (30) days of the notice of
               the "restraint of nuisance animals running at large," the fine in subparagraph (4)
               shall be reduced to fifty dollars ($50.00). The fine in subparagraph (1) shall be
               waived. This time period may be extended at the discretion of the director of animal
               control if an appointment has been made within the thirty (30) day period with a licensed
               veterinarian and/or a spay or neuter free or reduced fee clinic to the day of the
               appointment. These provisions shall be verified by the licensed veterinarian performing
               the procedure;
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               (6)
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            <p class="content2">
               Sustained containment order violations will be enforced as outlined in <a href="" data-chunk-id="COOR_CH3AN_ARTIIENAPPRREAC_S3-29EN" class="section-link" data-product-id="12207">section 3-29</a>(a)(1)d.
               </p>
            		
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               (e)
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               A violation of this section is a misdemeanor.
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            <p class="historynote0">
               (Ord. Of 9-21-21(2); Ord. of 1-20-22(1))
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