§ 5-29. Nuisances.

(a)

The following are public nuisances and unlawful:

(1)

Any animal that damages property (that is not the property of the owner), including plantings, lawns or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly.

(2)

Any animal that, without provocation, chases, molests or approaches pedestrians or bicyclists in a threatening manner upon the streets, sidewalks, rights-of-way, or any public property, or habitually chases automobiles on the public streets or highways.

(3)

Any animal that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity.

(4)

Any animal that kills or attacks another domestic animal or livestock without provocation while off the owner's property.

(5)

The owning, keeping, or harboring of any animal which shall by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably and/or excessively disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by an animal which can be heard by any persons, from a location off the animal's owner's property where the animal is being kept, and which noise:

During the hours of 6:00 a.m. through 9:59 p.m.

Occurs repeatedly over at least a ten-minute period of time with one minute or less lapse of time between each animal noise during the ten-minute period; or

Occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five-minute period and two or more complaints from different neighbors about said noise are received by the public safety department.

During the hours of 10:00 p.m. through 5:59 a.m.

Occurs five or more times over a period of one minute.

This provision shall not apply to animals that are responding to trespassers or to animals that are teased or similarly provoked to bark.

(b)

Any person seeking relief from the nuisance may, by telephone, notify the city animal control officer, or law enforcement officer of an alleged violation of this section. All complaints shall describe the animal, state the acts committed by the animal, the name and address of the person owning or harboring the animal, and the name and the address of the person complaining.

(c)

Upon receipt of a complaint of a violation of this section, the animal control officer or law enforcement officer shall investigate and file a report of the complaint.

(d)

Any person who owns or harbors an animal declared to be a nuisance in this section shall be guilty of a misdemeanor.

(e)

If the investigation reveals probable cause of a violation of this section, a citation may be issued.

(Code 1985, §§ 604.13—604.15; Ord. No. 1660, § 1660.01, 4-23-97)

Cross reference— Penalty, § 26-3.

State Law reference— Dogs as public nuisance, Minn. Stat. § 347.04.

Note— Formerly, § 5-27.