Sec. 14-57. Creation of nuisance.
(a)
No
animal shall be permitted or allowed to create a nuisance. It is a violation
of this
article for the owner of an animal to permit or allow the animal to create a
nuisance.
(b)
For
the purpose of this section, noise from farm animals, including exotic
birds, shall
not constitute a nuisance within an AU zoning classification; provided,
however, that
the following setback requirement shall apply only to exotic birds kept on
AU property
which abuts non-AU property of a residential character: A minimum set back
of 100
feet between the noise source and the abutting non-AU residential property.
(c)
Any
nuisance complaint may be investigated by Animal Services and Enforcement.
However, before a citation may be issued, the animal enforcement officer
must have
personal knowledge of the nuisance or at least two (2) affidavits from
different parties
residing in close proximity to the alleged nuisance must be received. One
affidavit
may be sufficient to warrant investigation where there is only one party in
close
proximity to the alleged nuisance.
(d)
It
shall be an unlawful nuisance for an animal owner to either be found guilty
of or
effectively admit guilt to more than four (4) violations of this article
within a twelvemonth
period of time. The failure to contest or pay a citation shall be considered
an
effective admission of guilt for the purpose of this section. A violation of
this section is
a civil infraction punishable by a fine not to exceed $500 dollars.