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21. Public Nuisance: Actions deemed prima facie evidence of a public <br />nuisance include the following activities of an animal, or conditions <br />maintained or permitted by the animal's owner or keeper: <br />a) The animal is found at large 'off the premises of its owner or <br />keeper and not under the restraint of a competent person. <br />(b) The animal damages the property of anyone other than its owner or <br />keeper, including, but not limited to,. turning over garbage <br />containers or damaging gardens, flowers, shrubbery, vegetables or <br />trees, fences or gates, or causes injury to domesticated <br />livestock or pets. <br />(c) The animal habitually and repeatedly barks, whines, or howls so <br />as to interfere seriously with the reasonable use and enjoyment <br />by neighboring residents of their property. <br />(d) The animal repeatedly chases, snaps at, or barks at persons, <br />domesticated livestock, pets, or vehicles when it is not in an <br />enclosure, leashed, or on the owner's or keeper's property. <br />(e) The owner or keeper fails to confine a female dog while in heat <br />(estrus) in a building or secure enclosure in such a manner that <br />she will not be in contact with another dog, provided, this <br />section shall not be construed to prohibit the intentional <br />breeding of animals within an enclosed area on the premises of <br />the owner or keeper of an animal involved in the breeding <br />process. <br />22. Restraint: An animal is under restraint if it is under sufficient <br />physical restrain such as a leash, cage, bridle, or similar effective <br />and humane device which restrains and controls the animal, or within <br />a vehicle, or adequately contained by a fence on the premises or <br />other secure enclosure as permitted in accordance with Subsections <br />XI(K) and XI(L) of this ordinance. If a competent adult is <br />physically outside on the land with the animal, on land where the <br />owner or keeper of the animal resides, then the animal shall be <br />deemed to be under restraint during the time the animal is in the <br />company of and under the control of that competent person and the <br />animal is on the premises. If any unattended animal is restrained by <br />a chain, leash or similar restraint, it shall be designated and <br />placed to prevent choking or strangulation. Such chain or restraint <br />shall not be less than ten (10) feet in length and shall be either on <br />a swivel designed to prevent the animal from choking or strangling <br />itself. The restraint of unattended dogs by a fence, kennel, outdoor <br />enclosure, chain, leash or similar restraint is further regulated <br />under Sections XI(K) and XI(L) of this ordinance. <br />6 <br />